Americans with Disabilities Act Discrimination Reasonable Accommodation

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

Take 5 Newsletter: An Employer's "Top 5" Action Items for 2014

It's December, and human resources professionals and law departments are reflecting on the issues addressed in 2013 and giving thanks for incident-free holiday parties. But the big question is this: What issues should get...more

Beverage Distributors Ordered to Pay About $200K and Hire Sight-Impaired Employee in EEOC Disability Discrimination Suit

Jury Found Company Violated Federal Law by Shunning Legally Blind Applicant - DENVER - In a disability lawsuit brought by the U.S. Equal Employment Opportunity Commission (EEOC), a federal court in Denver has ordered...more

Oakland Children's Hospital Sued by EEOC for Disability Discrimination

Medical Center Fired Employee with Breast Cancer, Federal Agency Charged - OAKLAND, Calif. - An Oakland-based non-profit regional medical center violated federal law when it failed to accommodate and instead fired an...more

Alorica Pays $135,000 to Settle EEOC Disability Discrimination Suit

Company's Predecessor Unlawfully Fired Employee With Bipolar Disorder and Depression While on Short-Term Disability Leave, Federal Agency Charged - ATLANTA - Alorica Inc., a telesales and data services company that...more

California Law Extends Workplace Discrimination Prohibition to Stalking Victims and Imposes New Reasonable Accommodation...

California Governor Jerry Brown recently signed into law Senate Bill No. 400 (SB 400), which expands the state's current employment discrimination protections to victims of stalking. Effective January 1, 2014, SB 400 amends...more

Banks Face Class Action Lawsuits Alleging Noncompliance With ADA Regulations Governing ATMs

More than 100 nearly identical class action lawsuits alleging noncompliance with Americans with Disability Act accessibility standards for ATM machines have been filed against banks and credit unions since new standards went...more

New York City Employers Must Prove Indefinite Leave Request is Undue Hardship

The New York Court of Appeals ruled last Thursday that a disabled employee’s request for an indefinite leave of absence is not a per se unreasonable accommodation under the New York City Human Rights Law. Rather, the state’s...more

Employment Law -- Oct 15, 2013

“Use It or Lose It” Policy Results in Multimillion-Dollar Verdict - Why it matters: Although this decision is unpublished, it provides a lesson on the potentially expensive ramifications of maintaining an illegal...more

Fifth Circuit Issues First of Several Pro-Employee Decisions: ADA Accommodations Need not Relate to Essential Job Functions

The Fifth Circuit, which covers federal district courts from Texas, Louisiana and Mississippi, has been busy recently issuing decisions in the employment law arena. Surprisingly, many of these decisions from this...more

Supervisor’s Failure To Engage In Interactive Process With Disabled Employee May Convert Employee’s Resignation Into Constructive...

In a case recently decided under the Americans with Disabilities Act (ADA)—Suvada v. Gordon Flesch Company, Inc.—a federal district court in Chicago allowed a production clerk’s claim for constructive discharge against her...more

Recent ADA Decision Might Signal Broadening of the ADA’s Accommodation Provisions

The United States Court of Appeals for the Fifth Circuit recently held that accommodations under the Americans with Disabilities Act (ADA) are not limited to job modifications that enable an employee to perform essential job...more

EEOC Sues Upper Chesapeake Health System for Disability Discrimination and Retaliation

Health Care System Fired a Pulmonary Function Technologist After She Requested an Accommodation and Filed a Discrimination Charge, Federal Agency Charges - BALTIMORE - Upper Chesapeake Health System, a leading health...more

EEOC Sues Bank of America for Disability Discrimination Against Deaf Worker

Bank Giant Repeatedly Denied Worker's Requests for a Sign Language Interpreter, Then Fired Her, Federal Agency Charges - LAS VEGAS - Bank of America Corporation, one of the country's largest financial institutions,...more

Caddell Construction to Pay $125,000 to Settle EEOC Disability Discrimination Suit

Construction Contractor Did Not Provide a Reasonable Accommodation and Terminated the Employee, Federal Agency Charged - BIRMINGHAM, Ala. - Montgomery-based Caddell Construction Company, a major national general...more

Employees May Take “Total Disability” And Seek Accommodation Too

Just because a disabled employee takes long term disability benefits and certifies she is unable to work, doesn’t mean she can’t seek workplace accommodations. Smith v. Clark County School District, No. 11-17398 (9th Cir....more

EEOC Sues OhioHealth/Riverside Methodist Hospital for Disability Discrimination

Employee Denied Accommodations, Unlawfully Fired, Federal Agency Charges - COLUMBUS, Ohio - OhioHealth Corporation, doing business as Riverside Methodist Hospital in Columbus, Ohio, violated federal law by failing to ...more

New Ruling Broadens Scope Of Massachusetts Anti-Discrimination Statute

The Massachusetts Supreme Judicial Court (SJC), the highest court in Massachusetts, ruled on Friday that the Commonwealth’s antidiscrimination statute, which bars employment discrimination on the basis of handicap, prohibits...more

MISO to Pay $90,500 to Settle EEOC Disability Discrimination Lawsuit

Power Grid Operator Denied Employee Reasonable Accommodation for Postpartum Depression, Federal Agency Charged - INDIANAPOLIS - Midcontinent Independent Transmission System Operator (MISO), a Carmel, Ind.-based power...more

EEOC Sues Lifecare Medical Services for Disability Discrimination

Employee With MS Denied Accommodation and Fired, Federal Agency Charges - CLEVELAND - Lifecare Medical Services, Inc., an Ohio medical transportation services company, violated federal law by denying a reasonable...more

EEOC Sues Detroit Community Health Connection for Disability Discrimination

Medical Provider Refused Employee's Request for Leave Because of Arthritis And Fired Her Instead, Federal Agency Charges - DETROIT - Detroit Community Health Connection, a medical services provider serving the Detroit...more

EEOC Issues Guidance on the ADA and Cancer, Diabetes, Epilepsy and Intellectual Disabilities

On May 15, the Equal Employment Opportunity Commission (EEOC) issued new guidance on the applicability of the Americans with Disabilities Act (ADA) to job applicants and employees with cancer, diabetes, epilepsy and...more

Employment Law Insight - June 2013

Welcome to the inaugural edition of the Employment Law Insight, a service of the Employment Law practice group at Patton Boggs LLP... ...Why “Employment Law Insight”? Employers have available to them, and indeed are...more

The Working Paper - June 2013

In This Issue: - New York State Raises Minimum Wage - New York City Bans Discrimination Against the Unemployed - Employee Evaluations Play Crucial Role in Defending Against Discrimination Claims - EEOC Says...more

The Working Paper - June 2013: Court Rules That On-Time Arrival at Work May Not Be an Essential Function of an Employee’s Job

Most employers likely think that on-time arrival at work is an essential function of an employee’s job. However, a federal appeals court recently ruled that may not always be the case. In McMillan v. City of New York, 711...more

Americold Logistics to Pay $46,000 to Settle EEOC Disability Lawsuit

Employee Fired Because of Chronic Back Pain, Federal Agency Charged - INDIANAPOLIS -- Americold Logistics, LLC, an Atlanta-based global provider of temperature-controlled warehousing and logistics to the food industry,...more

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