Americans with Disabilities Act Disability

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

The EEOC Delivers its Expected New Guidance on Pregnancy Discrimination

Dust off your handbooks and rethink your employment policies – the EEOC has just announced some significant changes in how it is going to investigate and litigate pregnancy discrimination claims....more

EEOC Issues New Enforcement Guidance on Pregnancy Discrimination

The U.S. Equal Employment Opportunity Commission (EEOC) issued new Enforcement Guidance this month regarding pregnancy discrimination. This is the first comprehensive update to the EEOC’s Pregnancy Discrimination Guidance...more

New EEOC Developments Expand Employers’ Pregnancy Accommodation Obligations

For the first time in more than 30 years, on July 14, 2014, the Equal Employment Opportunity Commission (“EEOC”) overhauled its guidance on pregnancy discrimination issues—broadening anti-discrimination coverage and...more

Must an Employer Modify its Leave of Absence Policy to Ensure Compliance with the ADA?

When is modification of a no-fault or inflexible leave of absence policy required as an accommodation under the Americans with Disabilities Act (ADA)? Although the Equal Employment Opportunity Commission (EEOC) has taken the...more

What Is The Interactive Process?

The interactive process is a crucial step for an employer in dealing with an employee’s request for accommodation of a disability. Failure to conduct and document the interactive process can result in liability under the...more

EEOC Broadens Pregnancy Discrimination Protections

On July 14, 2014, the Equal Employment Opportunity Commission ("EEOC") issued an updated enforcement guidance on pregnancy discrimination and related issues, and significantly widened the employee protections. The guidance...more

EEOC Issues New Enforcement Guidance on Pregnancy Discrimination and Related Issues

On July 14, 2014, the Equal Employment Opportunity Commission ("EEOC"), by a 3-to-2 vote of commissioners, issued Enforcement Guidance on Pregnancy Discrimination and Related Issues (the "Guidance"), along with a question and...more

EEOC Issues Guidelines on Pregnancy Discrimination for First Time in 30 Years

The Equal Employment Opportunity Commission (EEOC) recently issued new enforcement guidance on pregnancy discrimination for the first time in 30 years. The new guidance clarifies the EEOC's understanding of the law, as well...more

Employment Law - July 2014 #2

High Court’s Fall Docket Includes Major Employment Issues - Why it matters: While the 2013-2014 U.S. Supreme Court term may be over, the justices have granted certiorari in two major employment cases slated for the...more

EEOC Issues Pregnancy Discrimination Guidance

On Monday, the Equal Employment Opportunity Commission issued a new enforcement guidance dealing with employer obligations under the Pregnancy Discrimination Act. While repeating settled law regarding employer obligations to...more

Curb Appeal: Looks Matter When It Comes to the ADA

I’m frequently asked two questions by business owners and managers when it comes to ADA compliance and lawsuits. The first question is, “what type of businesses get sued most often?”...more

EEOC Effectively Declares Pregnancy a "Disability" Requiring Reasonable Accommodation — Even When the Pregnant Employee Is Not...

The Equal Employment Opportunity Commission has recently declared that pregnancy alone, even without other underlying medical conditions, may require employer accommodations according to recent guidance released July 14,...more

Employee Suing Based on Withdrawn Job Offer Must Prove Disabled Status

Once a conditional offer of employment is given, the Americans with Disabilities Act permits employers to require a pre-hire medical exam as a final condition of employment. If the exam reveals medical issues that would...more

Court Recommends Supervalu/Jewel-Osco Be Held in Contempt for Violations of EEOC Consent Decree in Disability Case

Federal Agency Obtains Relief for Three Jewel Employees Denied Accommodation, Court Calls for Extension of Decree and Appointment of Special Master - CHICAGO - Federal Magistrate Judge Michael Mason has entered a...more

EEOC Sues Genesis Healthcare / Mount Olive Care & Rehabilitation Center for Disability Discrimination

Mount Olive Nursing Home Unlawfully Fired Employee Because of Arm Impairment, Federal Agency Charges - RALEIGH, N.C. - Genesis Healthcare, LLC, d/b/a Mount Olive Care & Rehabilitation Center, a Delaware limited...more

Employment Law - July 2014

Recess Is Over: Supreme Court Strikes NLRB Appointments - Why it matters: Striking a blow to the President and the National Labor Relations Board, the U.S. Supreme Court held that three recess appointments made by...more

Federal Appellate Court Finds Employer Provided Reasonable Accommodation To Disabled Employee, Even Though It Did Not Provide The...

A federal appellate court upheld the dismissal of a lawsuit alleging that a Dairy Queen franchisee failed to reasonably accommodate a blind employee under the Americans with Disabilities Act (ADA). In Bunn v. Khoury...more

You Posted My Medical Information on Facebook?!?!?

The Americans with Disabilities Act (ADA) prohibits discrimination against qualified individuals and ensures equal opportunity for persons with disabilities in employment. An employer is required to make a reasonable...more

Week in Review

We hope you had a happy 4th of July weekend! Last week’s news included more employees making headlines for their misuse of social media. The links below highlight three cases in which employees’ social media activity or...more

EEOC Sues Wal-Mart for Disability Discrimination

Retailer Rescinded Accommodation, Then Fired Intellectually Disabled Employee, Federal Agency Charges - ROCKFORD, Ill. - The U.S. Equal Employment Opportunity Commission (EEOC) filed a lawsuit here yesterday against...more

America's Largest Drug Store Chain to Pay $180,000 to Settle EEOC Disability Discrimination Suit

South San Francisco Walgreens Fired Longtime Employee With Diabetes Over a $1.39 Bag of Chips, Federal Agency Charged - SAN FRANCISCO - Drugstore giant Walgreens has agreed to pay $180,000 to a longtime employee with...more

New York State Legislature Approves Use of Medical Marijuana; Users to Be Considered "Disabled" Under State Human Rights Law

On June 20, 2014, the New York state legislature approved a bill that would allow patients to use marijuana for limited medical therapeutic purposes. Governor Cuomo is expected to sign the bill into law. The bill will not...more

Princeton Healthcare Pays $1.35 Million to Settle Disability Discrimination Suit with EEOC

Hospital Fired Employees After 12 Weeks of Leave, Federal Agency Says - TRENTON, N.J. --- Princeton HealthCare System (PHCS), which operates an inpatient hospital and several outpatient medical facilities, will pay...more

Fort Worth Center of Rehabilitation to Pay $30,000 to Settle Disability Discrimination Lawsuit

Healthcare Facility Denied Applicant in Renal Failure Reasonable Accommodation for Her Disability, Federal Agency Charged - DALLAS - A Fort Worth-based health care facility will pay $50,000 and furnish other relief to...more

Quirky Question #232, We Can Require Our Employee To Work At The Office, Right?

Question: We are a medium-sized Minnesota employer. Our lead accountant recently spoke with our Director of Human Resources and requested to work from home several days a week due to a medical condition. We believe...more

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