ADA › 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, 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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News & Analysis as of May 26, 2013

EEOC Updates Guidance On Workplace Rights Of Individuals With Specific Disabilities

by Melissa Burdorf | XpertHR - Partnered with LexisNexis on 5/25/2013

On May 15, 2013, the Equal Employment Opportunity Commission (EEOC) updated its questions and answers series regarding workplace rights and the prevention of discrimination against individuals with the following...more

No Obligation to Coordinate or Pay for Disability-Based Personal Care Services at Colleges and Universities

by Lisa Karen Atkins | Ogletree, Deakins, Nash, Smoak & Stewart,... on 5/23/2013

Some students with disabilities need on-campus personal care attendants to assist them with daily activities such as dressing, transferring to and from wheelchairs, feeding, personal hygiene, and navigating the campus. Both...more

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

by U.S. Equal Employment Opportunity Commission... on 5/16/2013

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

EEOC Signals Increased Focus on Employer-Sponsored Wellness Programs

by Martha J. Zackin | Mintz Levin - Employment, Labor & Benefits on 5/9/2013

A majority of US employers offer some sort of wellness program designed to reduce the cost of health insurance and healthcare costs, and to improve the health and well-being of employees. However, unless care is taken, even...more

Jury Awards $240 Million for Long-Term Abuse of Workers with Intellectual Disabilities

by U.S. Equal Employment Opportunity Commission... on 5/2/2013

Historic Verdict Against Henry's Turkey Service for Men Subjected to Verbal and Physical Harassment, Housed in Substandard Facilities, Denied Medical Care - WASHINGTON - A Davenport, Iowa jury today awarded the U.S....more

EEOC Requires Reasonable Accommodations For Wellness Plans

by Angela Bohmann | Leonard, Street and Deinard - Employee... on 5/1/2013

Many employers are offering wellness programs to employees in connection with their health plans and are aware of the HIPAA regulations that govern such programs. Although employers design their wellness programs to conform...more

Pennsylvania Court Denies Certification Of Disability Discrimination Claims

by Greg Mersol | BakerHostetler on 4/30/2013

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

by Maria Greco Danaher | Ogletree, Deakins, Nash, Smoak & Stewart,... on 4/29/2013

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

EEOC Sues Wal-Mart for Sexual Harassment, Retaliation and Disability Discrimination

by U.S. Equal Employment Opportunity Commission... on 4/12/2013

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

Take 5 Newsletter: EEOC Update; Intern Wage and Hour Claims; NLRB Quorum; Unemployment Discrimination; Social Media Passwords

by David Garland | Epstein Becker & Green, P.C. on 4/5/2013

EEOC Releases Letter Addressing Wellness Programs and Reasonable Accommodation Obligations - In a letter issued recently by the Equal Employment Opportunity Commission ("EEOC"), Peggy Mastroianni, the agency's Legal Counsel,...more

Are You Considering Conditioning A Job Offer On An Agreement That The Applicant's Disabled Dependent Won't Enroll In The Health...

by Beth Alcalde | Akerman Senterfitt on 4/3/2013

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

Calling a Co-Worker “Stupid” Not Enough to Prove “Disability”, Court Says

by Daniel A. Schwartz | Pullman & Comley, LLC on 4/3/2013

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

Employers Beware: Anything Short of a Robust Attempt to Engage in Interactive Process Might Preclude Summary Judgment

by Charlotte Wolfe | Ogletree, Deakins, Nash, Smoak & Stewart,... on 2/28/2013

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

Required Extension of Statutory Pregnancy Leave as a Reasonable Accommodation

by Pat Gillette, Aubry Holland, Kristen Jacoby | Orrick - Global Employment Law Group on 2/27/2013

In a case of first impression, the Second Appellate District in California, recently took an expansive view of pregnancy leave rights for employees. Under California’s Pregnancy Disability Leave Law (“PDLL”), employees...more

Employment Law Commentary -- Volume 25, No. 2 -- February 2013: Is Working from Home a Reasonable Accommodation? “Rarely.”

by David Zins | Morrison & Foerster LLP on 2/26/2013

Modern technology is challenging our conception of the traditional workplace, especially in the service and information sectors. Remote network connections, online videoconferencing, portable Web-enabled devices, and other...more

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ADA › Disability

EEOC Updates Guidance On Workplace Rights Of Individuals With Specific Disabilities

No Obligation to Coordinate or Pay for Disability-Based Personal Care Services at Colleges and Universities

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

EEOC Signals Increased Focus on Employer-Sponsored Wellness Programs

Jury Awards $240 Million for Long-Term Abuse of Workers with Intellectual Disabilities

EEOC Requires Reasonable Accommodations For Wellness Plans

Pennsylvania Court Denies Certification Of Disability Discrimination Claims

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

EEOC Sues Wal-Mart for Sexual Harassment, Retaliation and Disability Discrimination

Take 5 Newsletter: EEOC Update; Intern Wage and Hour Claims; NLRB Quorum; Unemployment Discrimination; Social Media Passwords

Are You Considering Conditioning A Job Offer On An Agreement That The Applicant's Disabled Dependent Won't Enroll In The Health...

Calling a Co-Worker “Stupid” Not Enough to Prove “Disability”, Court Says

Employers Beware: Anything Short of a Robust Attempt to Engage in Interactive Process Might Preclude Summary Judgment

Required Extension of Statutory Pregnancy Leave as a Reasonable Accommodation

Employment Law Commentary -- Volume 25, No. 2 -- February 2013: Is Working from Home a Reasonable Accommodation? “Rarely.”

Take A Deep Breath: Employers May Conduct Random Alcohol Tests

Federal Court Rejects ADA Suit Over Random Alcohol Testing of Probationary Plant Employees

REDC Default Solutions to Pay $50,000 to Settle EEOC Disability Discrimination Lawsuit

Judgment Against AutoZone Affirmed in EEOC Disability Discrimination Case

Employer Beware - Automatic termination policies are illegal. Just ask Sears.

California Adopts New Disability Discrimination Regulations

EEOC Sues Florida Construction Security Services for Disability Discrimination and Retaliation

Third Parties Don't Absolve Employers From ADA Obligations

New Department of Labor Interpretation on FMLA Leave for Adult Children

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

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