News & Analysis as of

Americans with Disabilities Act (ADA) Department of Transportation (DOT)

Constangy, Brooks, Smith & Prophete, LLP

Drugs and alcohol in the workplace: Five fun facts

Sober up, folks! Here we go. With the legalization of marijuana and cannabis products in so many states, dealing with substance abuse in the workplace has become ridiculously complicated. This is the first of a two-part...more

Foster Swift Collins & Smith

[Webinar] 2024 Labor & Employment Law Virtual Update - September 18th, 8:30 am - 11:00 am ET

It has been a particularly busy year on the labor and employment law front. To learn more about the major challenges employers face and developments your organization needs to address before year's end, we encourage you to...more

Dorsey & Whitney LLP

The Supreme Court Update - June 24, 2024

Dorsey & Whitney LLP on

Today, the Supreme Court of the United States granted certiorari in seven cases: United States v. Skrmetti, No. 23-477: This case concerns the constitutionality of state laws banning gender-affirming medical care for...more

Cozen O'Connor

DOT Proposes Consequential Changes to Air Carrier Disability Accessibility Regulations

Cozen O'Connor on

On February 28, 2024, the U.S. Department of Transportation (DOT) released an advance copy of a Notice of Proposed Rulemaking (NPRM) titled “Ensuring Safe Accommodations for Air Travelers with Disabilities Using Wheelchairs.”...more

Constangy, Brooks, Smith & Prophete, LLP

Accommodating cannabis: A "how-to" for employers

These steps could help keep you out of trouble. An employee in a safety-sensitive job who has been diagnosed with cancer is selected for a random drug test. The test result comes back positive for TCHA...more

Cozen O'Connor

DOT Issues Rule on Aircraft Lavatory Accessibility for Passengers with Disabilities

Cozen O'Connor on

On July 26, 2023 (the 33rd anniversary of the signing of the Americans with Disabilities Act), the U.S. Department of Transportation (DOT) released a final rule that amends the agency’s air travel disability accommodation...more

Obermayer Rebmann Maxwell & Hippel LLP

Weeding through the Uncertainties of Marijuana Testing in the Workplace

​​​​​​​The legalization of marijuana - both recreational and medicinal - continues to sweep the nation. As a result, many employers are facing the same, perplexing question: Should we continue drug testing employees for...more

Haynsworth Sinkler Boyd, P.A.

3 Questions Employers Need To Consider When It Comes To Marijuana In The Workplace

Haynsworth Sinkler Boyd’s Chris Gantt Sorenson and Perry MacLennan recently discussed “Marijuana in the Workplace: To Test or Not to Test” on the Survive HR podcast. In the podcast, Chris, Perry, Kelly Schieb and Steve Nail...more

Fox Rothschild LLP

Ninth Circuit Affirms No Formal Third-Party Certification Requirement For Service Animals

Fox Rothschild LLP on

The Ninth Circuit’s recent holding that “the ADA prohibits certification requirements for qualifying service dogs” is a timely reminder for all persons using service animals that certification of a service animal’s...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Medical Marijuana/Employment-Safety Issues for the Oil/Gas Industry: May 26th Arkansas Independent Producers and Royalty Owners...

My law firm colleague Nate Read and I undertook a presentation at the May 26th virtual meeting of the Arkansas Independent Producers and Royalty Owners (“AIPRO”) - The presentation was titled: Medical Marijuana:...more

Womble Bond Dickinson

The Zoo at 38,000 Feet

Womble Bond Dickinson on

The final rule on Traveling by Air with Service Animals in the Air Carrier Access Act (ACAA), codified in 14 CFR Part 382 and published in December, took effect January 11, 2021....more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Drug Testing Legislation in 2020: A Look Back

We would all be excused for wanting 2020 to disappear in a fog of medical marijuana. Here is a recap: As we predicted in 2019, most of this year’s action concerned medical and recreational marijuana. Not to be missed,...more

Seyfarth Shaw LLP

No More Friendly Skies for Emotional Support Animals

Seyfarth Shaw LLP on

Seyfarth Synopsis: Emotional support animals will no longer be categorized as “service animals” under the Air Carrier Access Act under new Department of Transportation regulations....more

Verrill

DOT Service Animal Final Rule: No More Service Snakes on Planes Taking Care of HR Business

Verrill on

Those dreaming of taking to the skies next year with scaled, feathered, or furry friends may want to take a look at the recent DOT Service Animal Final Rule before making travel plans. In an employment setting, there is no...more

Patrick Malone & Associates P.C. | DC Injury...

U.S. collars owners’ outlandish claims for flying ’emotional support’ animals

Um, no, federal regulators have decided: The nation’s skies no longer will be a sort of bad airborne set for a pop psychology version of Fantastic Beasts and Where to Find Them. Instead, owners of  so-called emotional support...more

Fox Rothschild LLP

Emotional Support Animals Are Considered Pets Not Service Animals By US Department Of Transportation.

Fox Rothschild LLP on

U.S. Department of Transportation (“the Department” or “DOT”) announced it final rule on “Traveling by Air with Service Animals” on December 2, 2020. The rule will be effective 30 days after the date of publication of the...more

Littler

Snakes Off a Plane

Littler on

Acclaimed actor Samuel L. Jackson put it best when he exclaimed in a 2006 film: “Enough is enough.  I have had it with these [expletive] snakes on this [same expletive] plane.”  With its final rule under the Air Carrier...more

Fox Rothschild LLP

“Goodbye My Little Pony!” – DOT Issues New Service Animal Rules

Fox Rothschild LLP on

At long last, the Department of Transportation (“DOT”) has brought clarity to the use of emotional support and service animals on airplanes. As many of you will remember, the DOT proposed a sweeping set of regulations on this...more

Parker Poe Adams & Bernstein LLP

Sixth Circuit Upholds Mandated Use of CPAP Device for Driver With Sleep Apnea

Truck drivers and some related workers differ from other employees in that they are subject to federal Department of Transportation safety rules that require medical examinations and disqualify workers with certain medical...more

Fox Rothschild LLP

The 2020 Aviation Symposium Sponsored By Fox Rothschild LLP

Fox Rothschild LLP on

I was honored to join colleagues and clients at the 2020 Aviation Symposium the Firm sponsored in Tysons Corner from February 4 through February 6, 2020....more

Cozen O'Connor

Comfort Animals are Not Service Animals: U.S. DOT to Narrow Scope of Service Animal Accommodations

Cozen O'Connor on

The U.S. Department of Transportation (DOT) has proposed significant changes to its disability regulations relating to the transportation of service animals by air. DOT’s current regulations require that airlines allow...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

DOT Proposal Restricts Service Animals on Planes: So Long to the Emotional Support Peacock?

On January 22, 2020, the U.S. Department of Transportation (DOT) proposed new amendments to the Air Carrier Access Act (ACAA) regulations. These amendments would further restrict the type and use of service animals on...more

Fox Rothschild LLP

On The Plight/Flight Of Service Animals

Fox Rothschild LLP on

On Wednesday, August 21, 2019, the U.S. Department of Transportation published a “Final statement of enforcement priorities regarding service animals.” 84 FR 43480-01, 2019 WL 3934886 (F.R.). Unfortunately, as several...more

U.S. Equal Employment Opportunity Commission...

JBS Carriers to Pay $250,000 and not Resume ErgoMed Screening to Settle EEOC Discrimination Suit

Trucking Company Used Post-Offer Screen That Screened Out Applicants On the Basis of Disability, Federal Agency Charged - DENVER - National trucking company JBS Carriers, Inc. will pay $250,000 and furnish other...more

Seyfarth Shaw LLP

Airline’s Provision Of Alternative Accessible Website Triggers Hefty Fine Under the Air Carrier Access Act

Seyfarth Shaw LLP on

Seyfarth Synopsis: The Department of Transportation says that an airline’s provision of an accessible alternative website violates the Air Carrier Access Act (ACAA), so are such websites an acceptable means of providing...more

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