News & Analysis as of

Americans with Disabilities Act (ADA) Disability

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

Supreme Court to Determine Whether Retirees Can Claim Disability Discrimination in Benefits

The Supreme Court of the United States has agreed to hear a case that will decide whether retirees can sue for disability discrimination because of changes to retiree benefit plans....more

Parker Poe Adams & Bernstein LLP

Third Circuit Says Temporary Impairment Qualifies as ADA Disability

Last month, we reported on a decision from the Sixth Circuit Court of Appeals (which includes Tennessee) concluding that an employee’s asthma did not constitute a protected disability under the Americans with Disabilities...more

Genova Burns LLC

Reminder To Employers: Even Temporary Impairments Can Be A Disability Under The Law

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Last week’s decision by the Third Circuit Court of Appeals, Morgan v. Allison Crane & Rigging LLC, stands as a reminder to employers to exercise caution in how they navigate accommodating employees with temporary medical...more

Parker Poe Adams & Bernstein LLP

Split Sixth Circuit Panel Says Asthma Not a Protected ADA Disability

In 2008, Congress amended the Americans with Disabilities Act to expand the definition of medical conditions that qualify for protections under that statute. The amendments resulted from a number of federal court decisions...more

Epstein Becker & Green

A New Prescription for Access: The Department of Justice Celebrates Anniversary of the ADA by Finally Issuing Title II Medical...

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To honor the 34th anniversary of the Americans with Disabilities Act (ADA), on July 26, 2024, the U.S. Department of Justice (DOJ) signed a long-awaited final rule to improve access to medical diagnostic equipment (MDE) for...more

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

Eighth Circuit Chips Away at ‘Honest Belief’ Defense and Creates ‘Intertwinement Test’ for Disability Discrimination Cases

On July 1, 2024, in Huber v. Westar Foods, Inc., in a 2–1 decision, the Eighth Circuit Court of Appeals departed from the “honest belief” defense recognized by the First, Second, Fourth, Fifth, and Seventh Circuits (and U.S....more

Hanzo

Disability Pride Month: A Commitment to Inclusion and Equality

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As we celebrate Disability Pride Month this July, it’s essential to reflect on the purpose and significance of this important observance. Disability Pride Month is a time to honor the achievements, history, and contributions...more

Parker Poe Adams & Bernstein LLP

Employee Who Objected to COVID Mask Policy Not Regarded as Disabled Under ADA

Disputes between employees and employers over COVID-19-era vaccination and masking policies continue to work their way through the legal system. Earlier this month, the Eleventh Circuit Court of Appeals (which includes...more

Bradley Arant Boult Cummings LLP

Get Interactive! Searching for ADA Accommodations with Employees

The Americans with Disabilities Act (ADA) requires covered employers to provide reasonable accommodations for employees with disabilities. To help determine effective accommodations, employers should use an “interactive...more

Sands Anderson PC

(Un)reasonable Accommodations: 3 Takeaways From the Fourth Circuit’s Tartaro-McGowan Decision

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The Fourth Circuit has handed down a decision that provides helpful guidance to employers seeking to provide reasonable accommodations in compliance with the Americans with Disabilities Act (ADA)....more

Fisher Phillips

From DEI to DEIA: How to Incorporate Accessibility into Your Diversity, Equity, and Inclusion Plan

Fisher Phillips on

If you work in the DEI space, then you’re likely familiar with recent efforts to add “accessibility” to diversity, equity, and inclusion programs. Even if the term “DEIA” is new to you, your organization may be looking for...more

Harris Beach PLLC

New York Budget Bill: COVID Leave Ending, Other Leaves Coming?

Harris Beach PLLC on

New York’s proposed budget bill points toward significant changes in employee leave rights in the coming year. Repeal of NY COVID Paid Sick Leave Law - New York – the last state in the country still requiring all...more

Parker Poe Adams & Bernstein LLP

Fourth Circuit Says ADA Accommodation Request Must Relate to Employee's Medical Condition

When does an employee’s request for accommodations not fall under the Americans with Disabilities Act? According to a decision this week from the Fourth Circuit Court of Appeals (which includes North Carolina, South Carolina,...more

McAfee & Taft

Tenth Circuit clarifies employer’s burden in offering reasonable disability accommodations

McAfee & Taft on

Employers know that the Americans with Disabilities Act requires them to engage in an “interactive process” with employees seeking a reasonable accommodation. This is a back-and-forth discussion to determine the employee’s...more

Bradley Arant Boult Cummings LLP

ADA Speed Bump Ahead: Steer Clear of Eliminating Essential Functions

When is driving an essential function of a job? What if the employee drives herself to customers’ homes to provide services and now wants to use alternative modes of transportation? What if the employee’s request is because...more

Whitman Legal Solutions, LLC

Marijuana Use and Fair Housing

This article discusses a recent District of Columbia (DC) case, which pitted a medical marijuana user against a neighbor who complained that marijuana smoke affected quiet enjoyment of her home....more

Cranfill Sumner LLP

U.S. Supreme Court Declines to Review Fourth Circuit Decision Upholding ADA Summary Judgment

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On November 6, 2023, the United States Supreme Court declined to review the Fourth Circuit’s decision affirming summary judgment for the employer in an ADA accommodation case, Hannah v. UPS, No. 21-1647 (July 10, 2023).  The...more

Constangy, Brooks, Smith & Prophete, LLP

Reasonable accommodation for driving to the office? Are you kidding?

That's one way to get employers to allow remote work. We all know that employers with 15 or more employees are covered by the Americans with Disabilities Act and may have to provide reasonable accommodations to allow...more

Parker Poe Adams & Bernstein LLP

Minor Medical Conditions Can Be Dismissed in Disability Lawsuits

In 2008, Congress amended the Americans with Disabilities Act (ADA) to expand the definition of protected medical conditions under the statute. The amendments were in part a response to a series of cases where federal courts...more

Jackson Lewis P.C.

 The ADA and Visual Disabilities in the Workplace

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The Equal Employment Opportunity Commission (EEOC) issued new technical assistance document (“TAD”), “Visual Disabilities in the Workplace and the Americans with Disabilities Act,” addressing how the Americans with...more

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

Fido, Sit... Stay... and Rollover for Your Court-Ordered ADA Inspection

In the employment context, employers are required to consider whether an employee’s Americans with Disabilities Act (ADA) request to bring a service animal or an emotional support animal (ESA) to work qualifies as a...more

Epstein Becker & Green

Supreme Court Declines to Hear Case Regarding Gender Dysphoria’s Status Under the Americans with Disabilities Act

Epstein Becker & Green on

On June 30, 2023, the Supreme Court of the United States declined to weigh in on whether gender dysphoria can qualify as a disability under the Americans with Disabilities Act (“ADA”), allowing to stand the Fourth Circuit’s...more

Poyner Spruill LLP

Fourth Circuit Finds Leave of Absence is Reasonable Accommodation Under ADA

Poyner Spruill LLP on

The Americans with Disabilities Act (ADA) generally prohibits covered employers from discriminating against employees or applicants on the basis of disability.  One form of such discrimination is failing to provide reasonable...more

K&L Gates LLP

11th Circuit Creates Circuit Split Holding that an "Adverse Act" Is Needed to Bring an ADA Claim for Failure to Accommodate

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Overview - On 24 May 2023, in Beasley v. O’Reilly Auto Parts, the United States Court of Appeals for the Eleventh Circuit created a split in the circuit courts by holding that an employee must establish the occurrence of an...more

Littler

New Jersey Court Imposes Limits on State Law’s Near-Limitless Definition of Disability

Littler on

Although both the New Jersey Law Against Discrimination (LAD) and the federal Americans with Disabilities Act (ADA) prohibit disability and perceived disability discrimination in the workplace, the LAD definition of...more

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