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.
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We pack tons of personal and sensitive information in our DNA. While the human genome has been mapped for a decade, legal issues of genetic privacy are just beginning to rise. Earlier this month, the U.S. Supreme Court...more
In a case that underscores the inherent difficulty of implementing the Americans with Disabilities Act (ADA) in situations involving workplace safety issues, a federal district court in Connecticut determined that an...more
On June 3, 2013, the United States Department of Labor, Department of Health and Human Services, Internal Revenue Service, Employee Benefits Security Administration and Department of the Treasury (collectively "the...more
For ages, the employer community has awaited guidance from the EEOC regarding how much additional leave, if any, an employer is required to provide an employee as an ADA reasonable accommodation when an employee is unable to...more
Company Fired Equipment Operator Because of His Clubfoot, Federal Agency Charged - DALLAS - Luminant Mining Company LLC, a Dallas, Texas coal mining company, will pay $150,000 to a former equipment operator to ...more
Seventh Circuit Decision that Employees With Disabilities Need Not Compete For Reassignment Stands - WASHINGTON- In a closely watched case, the U.S. Supreme Court issued a written order denying air transportation giant...more
On May 15, 2013, pursuant to its published goal of providing up-to-date guidance on the requirements of antidiscrimination laws, the U.S. Equal Employment Opportunity Commission (EEOC) issued four revised Question and Answer...more
The four separate EEOC Q&A Guidance documents each are about 10 pages long. So, for those of you without the spare time to review them all, here is a brief “Cliff Note version.” ...more
Recently, the U.S. Equal Employment Opportunity Commission (“EEOC”) updated its informal guidance on how the Americans with Disabilities Act (“ADA”) applies to job applicants or employees with cancer, diabetes, epilepsy, and...more
Federal Agency Says Bank's Medical Leave Policy Violated the Americans with Disabilities Act - CHICAGO - BMO Harris Bank will pay $400,000 to a group of 14 former employees under a consent decree entered on May 2,...more
Panel of Experts Tells EEOC of Need to Clarify Interplay Between Programs, Anti-Discrimination Laws - WASHINGTON-Wellness programs are an increasingly common feature of employee benefits programs, and guidance is...more
Health Care Facility Refused to Allow Alternate Form of Drug Testing as a Reasonable Accommodation for Applicant with Renal Failure, Agency Charged - DALLAS - The Fort Worth Center of Rehabilitation violated federal...more
Company Withdrew Job Offer Because of Cancer Surgery, Federal Agency Charged - ATLANTA - An Atlanta-based air transport communications and information technology company has agreed to settle a disability discrimination...more
A federal court in Pennsylvania recently dismissed a lawsuit filed by a female newspaper page designer who claimed that she was laid off because of her gender and her deafness in one ear. Mengel v. Reading Eagle Company, No....more
Physician With Epilepsy Denied a Reasonable Accommodation and Fired by Coral Gables Doctor's Hospital, Federal Agency Charged - MIAMI - Baptist Health South Florida, a Miami-based hospital system, violated federal law...more
Developmentally Disabled Walmart Employee in Akron Store Fired for Complaining About Sexual Touching, Federal Agency Charges - CLEVELAND - Wal-Mart Stores East, L.P. violated federal law by allowing a male employee...more
Former Administrative Assistant Fired After Experiencing Stroke-Like Symptoms, Federal Agency Said - SAN ANTONIO - San Antonio-based Dependable Health Services, Inc. (DHS), which provides contract workers to U.S....more
Traditional employment laws often interact with traditional employee benefit laws. One such example is the Americans with Disabilities Act (ADA)'s impact on employer-sponsored group health plans. As group health plan costs...more
With the changes to the ADA laws a few years back broadening the definition of a “disability”, there was some speculation (including on this blog) that we would not see very many instances where a court would throw out an ADA...more
The U.S. Equal Employment Opportunity Commission (“EEOC”) has sued retailer Toys “R” Us for failing to provide an interpreter to assist a deaf job applicant during an interview....more
Regional Medical Center Rescinded Job Offer Because of Perceived Disability, Federal Agency Charges - CHARLOTTE, N.C. - Presbyterian Healthcare Associates Corp., one of the largest health care institutions in North...more
Federal Court Also Rules That Agency Is Entitled To Discovery and Evidentiary Hearings - CHICAGO - A federal judge has held Supervalu, Inc., which owns the Jewel-Osco chain of stores, in contempt for failing to comply...more
Phoenix Restaurant Fired Server Because of His Traumatic Brain Injury, Federal Agency Charged - PHOENIX - Outback Steakhouse will pay $65,000 and furnish other relief to settle a disability discrimination lawsuit...more
Employers beware – you cannot assume that on-time attendance is an essential function of every job, as the U.S. Court of Appeals for the Second Circuit recently ruled. In McMillian v. City of New York, the court held that the...more
The first eight reported lawsuits have been filed against eight different hotels over their alleged failure to install pool lifts for the disabled. It didn’t take long. The lawsuits rely on the Department of Justice’s (DOJ)...more
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