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.
Common Employment Law Mistakes for Small, Start-Up and Growing Companies
5 Risks of Telecommuting (And How Employers Should Handle Them)
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
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
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
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
Retailer Refused to Provide Accommodation or Hire Deaf Applicant, Federal Agency Says - BALTIMORE - Toys "R" Us, Inc., one of the world's largest retailers of toys and juvenile products, violated federal law when it...more
Yahoo! CEO Marissa Mayer's recent decision to ban telecommuting has highlighted the issue of how employers of all sizes respond to technological changes that are redefining the workplace. ...more
Employers often assign light duty to employees who are returning to work after recuperating from illnesses or injuries. The Seventh Circuit Court of Appeals has held, however, that neither the Family and Medical Leave Act...more
Several recent cases in the Sixth Circuit Court of Appeals remind employers that their obligation to engage in the interactive process is an increasingly onerous one. First, in Keith v. County of Oakland, No. 11-2276 (6th...more
Company Fired Texas Woman Over Post-Stroke Condition, Federal Agency Charged - DALLAS - An Irvine, Calif.-based company will pay $50,000 and furnish other relief to settle a disability discrimination lawsuit brought by...more
Appeals Court Upholds Injunction and $415,000 Award to Disabled Former Employee - CHICAGO - The U.S. Court of Appeals for the Seventh Circuit has affirmed a $424,000 judgment (including $9,000 in costs) against AutoZone,...more
Qualified employees with a disability are entitled to a reasonable accommodation from their employer to enable them to perform the essential functions of their job. One of the most difficult issues employers face is...more
Regulations proposed by California's Fair Employment and Housing Commission governing disability discrimination have been finalized after public comment and are now in effect. According to the Statement of Purpose, the...more
Employers in the 6th Circuit (Michigan, Ohio, Kentucky and Tennessee) should carefully consider the advice and opinions of third parties on whether an applicant can perform a job before withdrawing a conditional job offer, as...more
Imagine you are the Hiring Manager for a distribution warehouse and have just begun interviewing applicants for a materials handler position. The first candidate enters the room, standing at a height of 5’4”, weighing more...more
Would you feel comfortable with your kids swimming in a pool with a deaf lifeguard on watch? Could a deaf lifeguard notice your distressed child's cry for help? While these questions pose some serious personal judgments...more
Hard-of-Hearing Employee Fired for Requesting Accommodations, Federal Agency Charged - WILMINGTON, Del. - D.O.E. Technologies, Inc. and a related company, doeLegal, LLC will pay $130,000 and furnish other relief to...more
Supervisor Constantly Degraded Tour Coordinator with Arthritis, Then Forced Her and Co-Worker Out for Reporting Harassment, Federal Agency Charged - HONOLULU, Hawaii - Kintetsu International Express (USA), Inc. - a...more
A federal trial court in Chicago recently decided that a disabled applicant for a substitute teacher position at Zion School District No. 6 alleged sufficient facts against the District to proceed with a lawsuit against it....more
Nursing Facility Refused to Provide Reasonable Accommodation To Employee With Depression, Federal Agency Charged CHARLOTTE, N.C. - GGNSC Charlotte Renaissance, LLC, a Delaware corporation, will pay $50,000 and furnish...more
On June 26, 2012, the U.S. Court of Appeals for the Seventh Circuit upheld a jury verdict finding in favor of a teacher with seasonal affective disorder claiming a Wisconsin school district violated her rights under the...more
Patricia Johnson, who had a history of depression and bipolar disorder, taught special education for a school district in Idaho for a decade. Before her teaching certificate expired in 2007, Johnson failed to take sufficient...more
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