Americans with Disabilities Act Disability Discrimination

The Americans with Disabilities Act is a United States federal statute enacted in 1990 to prevent discrimination against individuals with disabilities in employment, public accomodation, transportation,... more +
The Americans with Disabilities Act is a United States federal statute enacted in 1990 to prevent discrimination against individuals with disabilities in employment, public accomodation, transportation, communications and governmental activities. The Act defines a covered disability as those mental or physical impairments that substantially interfere with one or more major life activities.  Five different federal agencies are responsible for enforcing the ADA: Department of Labor, Department of Justice, Federal Communications Commission, Department of Transportation and the Equal Employment Opportunity Commission.  less -
News & Analysis as of

Five Ways the EEOC Proposed Wellness Regulations Would Change Workplace Health Initiatives

The Americans with Disabilities Act (ADA) generally prohibits employers from requiring current employees to submit to medical examinations or medical inquiries unless the exam or inquiry is “job-related and consistent with...more

EEOC Issues Proposed Regulations Clarifying Parameters of Employee Wellness Programs

What you need to know: The EEOC recently issued proposed regulations and guidance describing how the Americans With Disabilities Act applies to employer-sponsored wellness programs. The proposed changes clarify the...more

EEOC’s Proposed Wellness Regulations Add Burdensome Notice Requirement; Still Prohibit Mandatory HRAs

On April 16, 2015, the Equal Employment Opportunity Commission (EEOC) released proposed regulations covering wellness programs that involve disability-related inquiries or medical examinations....more

More for Employers to Be Anxious About Under the ADAAA

In 2008, Congress enacted the ADA Amendments Act of 2008 (ADAAA), which expanded the Americans with Disabilities Act of 1991 (“ADA”). Congress passed the ADAAA with the express intent of counteracting several Supreme Court...more

Highly Anticipated Proposed EEOC Guidance May Force Design Changes on Existing Wellness Programs

On Monday, the Equal Employment Opportunity Commission ("EEOC") published much anticipated proposed regulations amending Americans with Disabilities Act ("ADA") regulations on employer wellness programs. Specifically, the...more

Helmerich & Payne to Pay $59,000 to Settle EEOC Disability Discrimination Suit

Company Made Illegal Medical Inquiries and Violated Confidentiality Requirements, Federal Agency Charged - TULSA, Okla. - Helmerich & Payne, Inc. (H&P), a Tulsa-based drilling contractor, will pay a former employee...more

Appellate Court Notes

- AC35807 - Llera v. Commissioner of Correction [Not summarized.] - AC36240 - Customers Bank v. Tomonto Industries, LLC Plaintiff bank acquired the assets of a defunct bank from the FDIC, including the $3...more

Howard University Will Pay $35,000 to Settle EEOC Disability Discrimination Lawsuit

University Refused to Hire Qualified Applicant for Security Officer Position Because of His Diabetes, Federal Agency Charged - WASHINGTON - Howard University, a historically black university in the District of...more

Supervisor’s “Smoking Gun” Comments Keep ADA Claim Alive

A recent case out of New York reminds employers of the serious impact that off-the-cuff comments can have, especially when they take place during an employee’s termination. A couple of statements uttered by a supervisor,...more

EEOC Issues Long-Awaited Wellness Program Rules

Late last week, the EEOC released the proposed rules on wellness programs for employers. These long-awaited proposed rules will likely be adopted in full by this summer, after the public has 60 days to submit comments....more

EEOC Issues Proposed Wellness Program Amendments to ADA Regulations

On April 16, 2015, the Equal Employment Opportunity Commission (“EEOC”) released its highly anticipated proposed regulations (to be published in the Federal Register on April 20, 2015, for notice and comment) setting forth...more

6th Circuit Provides Road Map for ADA Accommodation Cases

A recent Sixth Circuit Court of Appeals case provides employers with a great example of how to evaluate accommodation requests under the Americans with Disabilities Act (ADA). In EEOC v. Ford Motor Co., a case which...more

6th Circuit: Telecommuting Not a Reasonable Accommodation

On Friday, the United States Court of Appeals for the Sixth Circuit issued its decision in EEOC v. Ford Motor Company, No. 12-2484, 2015 WL 1600305 (6th Cir. Apr. 10, 2015), an ADA case involving telecommuting as a reasonable...more

Employee Survives Summary Judgment with Self-Serving Testimony

In Nigro v. Sears, Roebuck and Co., (No. 12-57262, filed 2/25/15, amended 4/10/15) (Nigro), the United States Court of Appeals for the Ninth Circuit held a self-serving declaration can be sufficient to create a genuine issue...more

Deceased Employee's ADA Claim Becomes Property of Estate

What happens when a plaintiff pursuing a disability discrimination claim under the Americans with Disabilities Act dies during administrative or judicial review? Are the claims of such a personal nature that they expire along...more

Recent $50,000 Settlement Serves as Reminder that Employers Do Not Always Know What’s Best for their Employees

Question: Your employee has a heart attack and wants to return to work sooner than you think he should. There’s nothing wrong with giving the employee additional time off or terminating the employee if you think the job will...more

Disabilities that pose a ‘direct threat’ in the workplace

The Americans with Disabilities Act (ADA) prohibits employment discrimination on the basis of disability. The ADA also requires employers to reasonably accommodate disabled individuals who are qualified for a position....more

Court Shoots Down ADA Discrimination Claim Premised on Employer's Alleged Embarrassment

It would never occur to most employers that "embarrassment" could serve as the grounds for a disability discrimination claim, but that's exactly what an employee attempted to argue in Lester v. City of Lafayette. In this...more

Employers Asserting ADA Direct Threat Defense Do Not Have to Prove Actual Threat

The Americans with Disabilities Act prohibits employers from discriminating against a qualified person with a disability, or refusing to provide that person with a reasonable accommodation that would allow them to perform the...more

EEOC Takes First Step Toward Issuing Rules on Employer-Sponsored Wellness Plans

On March 20, 2015, the Equal Employment Opportunity Commission (“EEOC”) announced its submission of a notice of proposed rulemaking (“NPRM”) on employer-sponsored wellness plans to the White House Office of Management and...more

"Smoking Gun" Comments Serve as an Important Reminder of the ADA’s Protection Against Associational Discrimination

Most employers are well aware that the Americans with Disabilities Act (ADA) protects qualified individuals with disabilities against discrimination on the basis of disability and requires employers to provide reasonable...more

Lie Rejecter: Employer's Fraud Defense to Disabled Employee's Claim Fails

It's no secret that in formulating their defense to employment claims, employers often seek to discredit employees' allegations through the employees' own contradictory statements or positions taken. This issue arises most...more

Non-Profit to Pay $309k for ADA Claim

One would assume that a non-profit organization that provides behavioral, rehabilitative and social support services would be adept at complying with the Americans with Disabilities Act (ADA). But, this does not seem to be...more

Are We Being Punked? EEOC Files Disability Discrimination Claim Against Disability Services Provider

The EEOC has filed a lawsuit (EEOC v. ValleyLife, Civil Action No. 2:15-cv-00340-GMS) under the Americans with Disabilities Act (ADA) against ValleyLife, a disability support services company in Arizona, claiming that...more

ADA Claim Brought by Claustrophobic Attorney Allowed to Proceed

When the Americans with Disabilities Act definition of "disability" was expanded by the ADA Amendments Act of 2008, we told you to expect an increase in accommodation requests and disability discrimination claims. Many of you...more

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