Americans with Disabilities Act Disability ADAAA

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

Another Judge Finds that Obesity May be a “Disability” Under the ADA

Yet another federal court judge, the Honorable Stephen N. Limbaugh, Jr. of the Eastern District of Missouri, recently ruled, in Whittaker v. America’s Car-Mart, Inc., that an employee’s severe obesity could constitute a...more

Wait, Now I Have to Allow Employees to Steal Too?

With the passage of the Americans with Disability Amendments Act, (ADAAA), Congress very purposefully moved disability-related inquiries away from whether employees are “qualified individuals with a disability” and refocused...more

Where is the Internet?

Is the Internet a place? Apparently, no one’s entirely sure, but one federal appeals court has asked the California Supreme Court to figure it out in the context of a lawsuit that is pending against Cable News Network....more

ADA Protects Individuals with Cancer, Diabetes, Epilepsy and Intellectual Disabilities

Nearly 34 million Americans diagnosed with cancer, diabetes or epilepsy, and over two million suffering from an intellectual disability are now protected from discrimination under the Americans with Disabilities Act (ADA)....more

Fourth Circuit Upholds ADAAA's Broad Definition of "Disability"

Congress passed the Americans with Disabilities Amendments Act of 2008 (ADAAA) over five years ago on Sept.17, 2008. The act’s stated purpose was to reinstate “a broad scope of protection to be available under the ADA” as the...more

Broad Definition of "Disability" Endorsed By Fourth Circuit

In its recently published opinion in Summers v. Altarum Institute, Corp., No. 13-1645, decided January 23, 2014, the United States Court of Appeals for the Fourth Circuit became the first federal appellate court to hold that...more

Fourth Circuit Rules That Temporary Impairments May Be ADA Covered Disabilities

The Fourth Circuit Court of Appeals, the federal appellate court covering North Carolina, among other states, recently ruled that a temporary impairment may be a covered disability under the Americans with Disabilities Act...more

Recent Decision on Temporary Disability Under the ADA Should Give Employers Pause

On January 23, 2014, the U.S. Court of Appeals for the Fourth Circuit (based in Virginia) held in Summers v. Altarum Inst., Corp. that a temporary injury, if sufficiently severe, may qualify as a “disability” under the...more

Temporary Impairments May Be Covered Under ADA

This past week, the U.S. Court of Appeals for the Fourth Circuit held in Summers v. Altarum Institute that a temporary impairment caused by an injury may be a covered disability under the 2008 Amendments to the Americans with...more

Fourth Circuit Rules Temporary Impairment May Be a Disability Under the ADAAA

In late January, the U.S. Court of Appeals for the Fourth Circuit held in Summers v. Altarum Institute Corp., No. 13-1645 (4th Cir. Jan. 23, 2014), that "a sufficiently severe temporary impairment may constitute a...more

Broken Bones

Cases under the ADA Amendment Act are finally reaching the courts of appeals. In what might be the first case to reach the appellate level on an issue other than whether the statute applied retroactively, the 4th Circuit has...more

Employers, Check Your Weight-Bias: Obesity, Disability, And The Broadened Coverage Of The ADAAA

A study released by the Center for Disease Control in August 2012 estimates that 32 percent of adults in Alabama are obese. Alabama regularly appears in the Top Five of the list of “heaviest states,” currently weighing in at...more

Preferential Hiring Beyond the OFCCP - Goodbye Employment-At-Will

When the Office of Federal Contract Compliance Programs (OFCCP) announced its rules on the hiring of veterans and those with disabilities this generated significant discussion on preferential hiring programs as well as the...more

Obesity as a Disability Under the ADA: Is it More Likely Now Than Before?

In July, the American Medical Association (AMA) adopted a new policy that officially labels obesity as a disease, “requiring a range of medical interventions to advance obesity treatment and prevention.” According to the...more

EEOC Updates Informal Guidance for Employers in Handling Cancer, Diabetes, Epilepsy and Intellectual Disabilities Under the...

On May 15, 2013, the Equal Employment Opportunity Commission (EEOC) issued updates to four informal "Question and Answer" guidance documents relating to protections against disability discrimination under the Americans with...more

EEOC Publishes Updated Guidance on the Employment Rights of People with Cancer, Diabetes, Epilepsy and Intellectual Disabilities

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

EEOC Issues Revised Publications on the Employment Rights of People with Specific Disabilities

WASHINGTON --The U.S. Equal Employment Opportunity Commission (EEOC) today issued four revised documents on protection against disability discrimination, pursuant to the goal of the agency's Strategic Plan to provide...more

Pennsylvania Court Denies Certification Of Disability Discrimination Claims

In the vast majority of discrimination cases, there is little dispute over whether the plaintiff is actually in a protected group. For example, in sex discrimination cases, for the most part, they are either male or female;...more

Does Partial Deafness Constitute a Disability Under the ADAAA? The Question Remains Unanswered

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

New Department of Labor Interpretation on FMLA Leave for Adult Children

On January 14, 2013, The Department of Labor issued a new interpretation that clarifies its position on the ability of employees to take leave under the FMLA to care for an adult child who has a disabling medical condition....more

Labor Letter, February 2013: How To Weigh Obesity In Employment Decisions

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

DOL Issues Guidance On Definition Of "Son Or Daughter" Under FMLA

The Department of Labor (DOL) recently issued additional guidance to employers regarding the definition of “son or daughter” under the Family Medical Leave Act (FMLA) as it relates to an adult child. Under the FMLA, an...more

Pregnancy Discrimination Law Update

In an important ruling for employers, the Fourth Circuit recently underscored that the Pregnancy Discrimination Act (PDA) does not require employers to provide pregnant workers with special accommodations. Young v. United...more

Employment Law: Don't Mess with Mama -The DOL Issues Guidance on FMLA for Adult Children

On January 14, 2013 the DOL issued guidance on FMLA leave for adult children. Pursuant to the Family and Medical Leave Act, parents of an adult child have been previously able to take FMLA for a child who is incapable of...more

DOL Clarifies Definition of “Son or Daughter” Under FMLA

The U.S. Department of Labor’s (DOL) Wage and Hour Division issued an Administrator’s Interpretation on January 14, 2013, clarifying the definition of “son or daughter” under the Family and Medical Leave Act (FMLA) as it...more

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