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Americans with Disabilities Act

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 -

Washington Public Employer Hit with $1.8 Million Judgment for Failing to Accommodate Prescription Drug User

by Littler on

Last month, a Washington federal district court judge ordered an employer to pay a terminated employee a little over $1.8 million in damages for failing to accommodate the employee’s use of opioids that had been prescribed to...more

DOJ Places Website Rulemaking on the “Inactive” List

by Seyfarth Shaw LLP on

Seyfarth Synopsis: Trump Administration’s first Unified Agenda reveals DOJ has placed web accessibility, medical equipment, and furniture rulemakings under Title II and III of the ADA on Inactive List....more

Request for Leave Not a Reasonable Accommodation for Temporary Employee

by McGuireWoods LLP on

In a decision with important ramifications for temporary staffing agencies and employers that use their services, the 10th U.S. Circuit Court of Appeals has held that the Americans With Disabilities Act (ADA) does not entitle...more

Temporary Worker Not Entitled To Leave As A Reasonable Accommodation

by DeWitt Law, LLC on

The Tenth Circuit recently addressed whether an employer had failed to make a reasonable accommodation under the Americans with Disabilities Act, 42 U.S.C. § 2000e et seq., (“ADA”) regarding a temporary worker’s request for...more

Is Your Website Accessible to Disabled Users? If Not, Courts Say You Could Be Violating the ADA

by Jaburg Wilk on

Yes, seriously. This is no longer a remote threat cautioned by overzealous lawyers. This is now a real threat that business owners should address now. If you own and/or operate a business, and the business has a website that...more

Minnesota Tightens Restrictions on “Drive-By” Disability Access Lawsuits

On May 23, 2017, Minnesota Governor Mark Dayton signed into law amendments to the Minnesota Human Rights Act (MHRA) that are intended to curb the flood of “drive-by” disability access lawsuits in the state. The law now...more

Dear Littler: A potential new hire shaved his head after learning about our drug-testing policy. Now what?

by Littler on

Dear Littler: We recently offered a position to a candidate at one of our retail locations. He had a reasonable amount of head hair at the time we offered the job. After learning that we require hair testing both for new...more

Massachusetts Supreme Judicial Court Rules That Employers May Need To Accommodate Off-Duty Medical Marijuana Use

by Seyfarth Shaw LLP on

Seyfarth Synopsis: On July 17, 2017, the Massachusetts Supreme Judicial Court held that an employer could be liable under the Massachusetts Anti-Discrimination Act for disability discrimination by declining employment based...more

Massachusetts Supreme Judicial Court Issues Groundbreaking Decision Allowing Medical Marijuana User to Assert State Law Handicap...

On July 17, 2017, the Massachusetts Supreme Judicial Court issued a unanimous ruling in Barbuto v. Advantage Sales and Marketing, LLC, allowing medical marijuana users to assert claims for handicap discrimination under the...more

EEOC Sues Connections CSP For Disability Discrimination

Human Services Provider Unlawfully Fired Employees Who Needed Medical Leave, Federal Agency Charges - WILMINGTON, Del. - Connections CSP, Inc., one of Delaware's largest non-profit organizations that provides health care,...more

It’s Reasonable to Employ Marijuana Users

by Sherman & Howard L.L.C. on

A requested accommodation for a disability is not unreasonable as a matter of law just because it is illegal under federal law, says the Massachusetts Supreme Judicial Court in a recent case. As applied there, the result is...more

EEOC Sues Capstone Logistics For Disability Discrimination

Human Services Provider Unlawfully Fired Employees Who Needed Medical Leave, Federal Agency Charges - WILMINGTON, Del. - Connections CSP, Inc., one of Delaware's largest non-profit organizations that provides health care,...more

Food & Beverage Litigation Update | July 2017

Cruz-Alvarez and Canfield Examine Recent Ruling on Website Access for Visually Impaired - Food and beverage companies offering retail sales on the web are facing a wave of lawsuits filed by visually impaired plaintiffs...more

An Employer’s Guide On Service Animals And The ADA

by SmithAmundsen LLC on

Under the Americans with Disabilities Act (ADA) it is unlawful for an employer to discriminate against a qualified individual on the basis of disability, and this includes not making reasonable accommodations to the known...more

Medical exam results and tasks actually performed

by McAfee & Taft on

When addressing the issues of a person’s ability to perform a job or the potential need for accommodation, don’t forget to take into account work the individual has previously performed. Sometimes that can be every bit as...more

That Stinks! EEOC Sues On Behalf Of Employee Denied Relief From Workplace Smells

by Jackson Lewis P.C. on

On July 12, 2017, the EEOC filed suit in the Middle District of North Carolina alleging that an employer violated the Americans with Disabilities Act (ADA) by refusing a request to telecommute from an employee with a...more

EEOC Sues Advanced Home Care For Disability Discrimination

Call Center Violated Federal Law by Refusing Accommodation for Employee With Asthma and COPD and Then Firing Her, Federal Agency Charges - CHARLOTTE, N.C. - Advanced Home Care, Inc., a North Carolina nonprofit corporation...more

Fifth Circuit Holds Reporting to Work Regularly is Essential Function of Attorney’s Job Under the ADA

In a decision that will provide some solace to employers asked to permit remote work as a reasonable accommodation under the Americans with Disabilities Act, the United States Court of Appeals for the Fifth Circuit recently...more

New Connecticut Law Enhances Protections for Pregnant Employees

by Littler on

A new Connecticut law significantly enhances existing anti-discrimination protections for pregnant employees. “An Act Concerning Pregnant Women in the Workplace,” (the “Act”) signed into law by Governor Dannel Malloy on July...more

Fifth Circuit Says Regular Attendance at Work is an Essential Function of Most Jobs

by Seyfarth Shaw LLP on

Seyfarth Synopsis: In a recent win for employers, the Fifth Circuit clarified that opened-ended or unlimited requests to work from home are unreasonable under the Americans with Disabilities Act (“ADA”) and may be rejected...more

EEOC To Employers: Requiring Employees to Return to Work with “No Restrictions” Could Get You Sued

Before the Americans with Disabilities Act (and there was a time before the ADA), it was not uncommon to require employees to have a doctor’s note returning them to work “with no restrictions.” That won’t work in today’s ADA...more

New Law Requires Notice and Cure Period Before Commencement of MHRA Public Accommodation Litigation

by Faegre Baker Daniels on

In response to a growing number of “drive-by” accessibility lawsuits filed in Minnesota in recent years, and after an unsuccessful attempt to remedy the problem last year, the Minnesota legislature recently passed amendments...more

Tips for Drafting Executive Employment Agreements -Tip #1 – Define “Cause” Broadly

by Bryan Cave on

Tip No. 1: Define “Cause” Broadly - Executives and other high-level employees often negotiate a contractual provision requiring the payment of severance if terminated without “Cause” prior to the expiration of a term...more

Advertising Law - July 2017

Court Rules That ADA Applies to Website - In what is believed to be the first court to hold a trial on the applicability of the Americans with Disabilities Act (ADA) to a retailer’s website, a federal court judge in...more

What Am I Doing Wrong?? Common FMLA Mistakes

by Jackson Lewis P.C. on

“What did I do wrong?” and “Am I doing this correctly?” are frequent questions from clients regarding FMLA administration. This is the ninth in a monthly series highlighting some of the more common mistakes employers can...more

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