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

Labor and Employment Group News: Stop Talking to Yourself: Your Employee's Obligation to Engage in the “Interactive Process” When...

Legal counsel for companies have long emphasized the importance of engaging in the “interactive process” in dealing with an employee’s request for an accommodation for a disability. We also advise that the accommodation must...more

How Will A Trump Administration Change The ADA Title III Landscape?

Seyfarth Synopsis: Our thoughts on the impact of the election on the ADA Title III landscape. We now know that January 20, 2017 will bring a definitive regime change. How will this change impact Title III of the ADA,...more

New ADA Compliance Disclosures Required for California Commercial Landlords

California Gov. Jerry Brown on Sept. 16, 2016, signed into law AB 2093, which amends California Civil Code Section 1983 and expands disclosures regarding certain Americans With Disabilities Act (ADA) matters. The requirements...more

Recent Disability Discrimination Cases Outline Employer Responsibilities

Two recent decisions regarding disability discrimination have outlined an employer’s responsibilities when dealing with a potential claim of disability and need for accommodation. These decisions offer reminders for...more

Telework Under The ADA & Other Nondiscrimination Laws

A workforce that adheres to a traditional work style, or a consistent eight-hour workday in the same location – with no offsite work or interaction with business colleagues or customers – is increasingly becoming a relic in...more

DOJ Continues ADA Web Accessibility Enforcement

The U.S. Department of Justice (DOJ) has filed a consent decree to resolve allegations by a blind student regarding the accessibility of a university's website and other technologies. The DOJ requires the university to pay...more

Wellness Incentive Programs: Navigating Legal Landmines and Designing Effective Employee Communication Strategies

This year’s Employer Healthcare & Benefits Congress featured a presentation by Susan Nash that addressed the many shapes and sizes of wellness programs today. Programs are typically designed to promote health and to educate...more

EEOC Releases Formal Guidance on Unlawful Retaliatory Conduct in the Workplace

After an extended public comment period, the Equal Employment Opportunity Commission (“EEOC”)—which is charged with enforcing federal employment discrimination laws—recently issued its final Enforcement Guidance on...more

Helping Your Child Transition From School to Work

What will your child do after "aging out" of special education? While the Individuals With Disabilities Education Act (IDEA) has helped ensure that children with disabilities enjoy access to appropriate educational programs...more

Peanut Passions, The ADA, And Co-Workers Who Take An Employee’s Allergy With A Grain Of Salt

Karla Miller of the “WorkAdvice” column in the Washington Post had a doozy last week. I’m going to assume that all the people involved in this story are female. I’m probably wrong, but that will allow me to make up fake...more

Greektown Casino Sued By EEOC For Disability Discrimination

Employer Failed to Grant Leave Extension for Employee With Stress-Anxiety Disorder And Fired Him Instead, Federal Agency Charges - DETROIT - A Detroit casino operator violated federal law by denying a reasonable...more

Harrison Poultry to Pay $100,000 to Settle EEOC Disability Discrimination Lawsuit

Poultry Company Fired Manager While on Approved Leave, Federal Agency Charged - ATLANTA - Harrison Poultry, Inc., a poultry hatchery located in Bethlehem, Ga., will pay $100,000 and furnish other relief to settle a...more

New Title II and Title III ADA Regulations Take Effect October 11, 2016

On October 11, 2016, new regulations clarifying the definition of the term “disability” under Titles II and III of the Americans with Disabilities Act (ADA) will take effect. Title II prohibits disability discrimination by...more

7-Eleven Sued By EEOC for Disability Discrimination

Oklahoma Chain Unlawfully Denied Reasonable Accommodations to Workers with Disabilities and Fired Them, Federal Agency Charges - ST. LOUIS - Brown-Thompson General Partnership, dba 7-Eleven, a chain of Oklahoma...more

Granite Mesa Health Center Sued By EEOC for Disability Discrimination and Retaliation

Nursing Home Fired a Certified Nurse Assistant When He Disclosed He Was HIV-Positive, Federal Agency Charged - AUSTIN, Texas - A nursing home violated federal law by discharging an employee who hesitated when ordered to...more

Arizona Court Consolidates ADA Lawsuits

The number of claims under the design and construction requirements of the Americans with Disabilities Act (ADA) continues to increase, but a recent development in Arizona may slow this trend. The Arizona Attorney General has...more

EEOC Sues Owners of Happy Jack’s Casino For Disability Discrimination

Federal Agency Says Owners Rejected Applicant Because She Took Prescription Drugs For Her Medical Condition - SIOUX FALLS, S.D. - M.G. Oil Company, which operates Happy Jack's Casino in Sioux Falls, South Dakota,...more

Wheels For Wheelchairs: Massachusetts Mandates Accessible Ride-Sharing

Seyfarth Synopsis: Massachusetts recently enacted its first statewide ride-sharing law requiring companies like Uber to provide accessible transportation for individuals with disabilities. On the heels of news that Uber...more

Arizona Attorney General Steps In To Address The Surge In Access Suits Filed In His State

Seyfarth Synopsis: The number of access lawsuits has surged in both Arizona state and federal courts, prompting an unprecedented intervention by the Arizona Attorney General. By our count, nearly 300 ADA Title III...more

EEOC Sues Legendary Baking For Disability Discrimination

Federal Agency Says Food Service Company Denied Long-Term Employee Accommodations, Then Fired and Failed to Rehire Her Because of Her Disability - CHICAGO - American Blue Ribbons Holding, LLC, dba Legendary Baking,...more

Georgia Council for the Hearing-Impaired To Pay $10,000 to Settle EEEOC Retaliation Lawsuit

Organization Retaliated Against Employee for Filing EEOC Charge, Federal Agency Said - ATLANTA - The Georgia Council for the Hearing-Impaired, Inc. (GACHI), a nonprofit organization in Decatur, Ga., that provides...more

The Transformation of the Workplace Through Robotics, Artificial Intelligence, and Automation: Employment and Labor Law Issues,...

The twin forces of technology and globalization are reinventing and redefining the workplace and the way work is performed. The workplace automation of the last century is rapidly being augmented and replaced by intelligent...more

Avoiding Lawsuits under the ADA

As retailers enter the holiday season amid a period of increased compliance lawsuits related to the Americans with Disabilities Act (ADA), we offer some timely ways to steer clear of potential ADA pitfalls. Title III of...more

Serial Plaintiffs Are Filing Waves of Title III Disability Cases

Hotels, restaurants and retail establishments have been flooded with new lawsuits filed by serial plaintiffs that allege that a property (a place of public accommodation) is in violation of Title III of the Americans with...more

Does Your Company Website Violate the ADA? Part 2-Top Ten Considerations for a Web Accessibility Policy

In Part I of this series, we discussed the uncertainty concerning whether the Americans with Disabilities Act (ADA) applies to websites of private businesses, and, if so, the specific requirements that would apply to...more

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