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 -
News & Analysis as of

EEOC Sues Walmart for Discriminating Against Employee with Intellectual Disability

Retail Giant Refused to Make a Simple Accommodation for a Longtime Employee, Federal Agency Charges - MILWAUKEE, Wis. - Walmart violated federal law when it failed to accommodate and fired a longtime employee because of...more

Oh, My Website Has to be ADA Compliant. Wait, What?!?!?

Dr. Nole Specs created a website for his successful optometry practice. Over the holidays, Dr. Specs received a threatening letter from Mo Dougherty, a plaintiff’s lawyer. Dougherty’s letter claims Specs’ website is not ADA...more

News from AGG's Retail industry Team - Winter Edition

How much is that Facebook page worth to your Business? At first glance, this question may seem relatively unimportant in the context of an M&A transaction. It rings true that social media accounts usually receive little...more

Nip/Tuck Leave: When Employees Take Leave for Elective Procedures

Seyfarth Synopsis: Employers are usually mindful of the many laws governing employee medical leaves and how they interact. But what about accommodation for non-medically necessary leaves? This post discusses the basics of...more

Retailers Seek to Improve Website Accessibility Following Surge of ADA Claims

Retailers have faced a wave of demand letters and lawsuits recently alleging that their websites are inaccessible in violation of the Americans With Disabilities Act of 1990 (the “ADA”), despite the fact that the ADA and its...more

Google Maps App Now Tells Users If Locations Are Accessible, But Is It Accurate and Reliable?

Seyfarth Synopsis: Google Maps now provides information on accessibility, but the information may not be particularly reliable or useful to gauge accessibility....more

EEOC Releases Guidance Concerning the Mental Health Provider’s Role in ADA Reasonable Accommodation Requests

The EEOC recently published guidance for mental health providers describing their role in an employee or applicant’s request for a reasonable accommodation under the Americans with Disabilities Act (“ADA”). While the guidance...more

No medical report means no accommodation

Although the Army Ammunition Depot is located in McAlester, it was a Muskogee federal court that upheld an employer’s right to require adequate medical support before granting an employee’s request their job be modified on...more

WCAG 2.0 AA Gains Prominence as Website Accessibility Standard

The U.S. Architectural and Transportation Barriers Compliance Board (Access Board) finalized a regulation this week that will make the Web Content Accessibility Guidelines 2.0 (WCAG 2.0) Level AA the design standard when...more

EEOC Seeks Public Comment on Proposed Enforcement Guidance on Unlawful Harassment

The EEOC is seeking public comment on proposed enforcement guidance addressing unlawful workplace harassment under the federal anti-discrimination laws enforced by the agency – namely, Title VII of the Civil Rights Act of...more

Connecticut Supreme Court Rules No Punitive Damages Under the Connecticut Fair Employment Practices Act

The Connecticut Supreme Court recently set aside an award of statutory punitive damages in a disability discrimination case brought pursuant to Connecticut’s human rights law, the Connecticut Fair Employment Practices Act...more

AARP Suffers a Setback in its Challenge to the EEOC’s Wellness Regulations

As previously discussed, AARP has filed suit against the EEOC and challenged the agency’s wellness regulations.See...more

2016/2017 Labor & Employment Observer

Activist NLRB Created More Problems For All Employers in 2016 - What Happens Under President Trump? During 2016, the National Labor Relations Board (NLRB or the Board) maintained its generally pro-union, anti-employer...more

New Guidance Issued by the Department of Education on the Rights of Students with Disabilities

At the end of last month, the Department of Education released three new sets of guidance on the federal civil rights laws that govern students with disabilities. All three offer valuable information about current and...more

WCAG 2.0 AA Is the New Accessibility Standard for Federal Agency Websites

Seyfarth synopsis: The federal government has adopted the Web Content Accessibility Guidelines 2.0 Levels A and AA as its accessibility standard for federal agency websites, making it very likely that the Department of...more

EEOC issues guidance on new wellness notice mandated for 2017

Effective as of the first day of the plan year that began on January 1, 2017, or after, employers maintaining wellness programs that collect employee health information must satisfy a new notice requirement. The EEOC has...more

Medical Marijuana and the Workplace

With the growing list of states legalizing marijuana, are workplace drug policies up in smoke? As the new year begins, Arkansas, Florida and North Dakota join the growing list of states that have legalized medical marijuana....more

Diallo’s Of Houston to Pay $139,366 to Resolve EEOC Disability Discrimination Lawsuit

Nightclub Made Unlawful HIV Medical Inquiry, Then Fired Employee, Federal Agency Charged - HOUSTON - The U.S. Equal Employment Opportunity Commission (EEOC) announced today that Diallo's of Houston, a Houston-area...more

[Event] Master Class: Labor and Employment Law Under the Trump Administration - Jan. 25th, Washington, D.C.

Please join us for BakerHostetler's “Labor and Employment Law Under the Trump Administration.” This daylong seminar is designed to offer all new high-level courses, hitting specific and practical headline issues that will be...more

Stepping Out of the Shadows: Accommodating Mental Health Issues in the Workplace

2016 brought about a host of changes for employers, including new political leaders, ever-changing technology, and new and more open dialogue on a variety of different issues. Aside from politics, perhaps one of the biggest...more

Workplace Policy Institute Insider Report - January 2017

Littler's Workplace Policy Institute Insider Report details notable labor, employment, and benefits news and events at the federal, state, local, and global levels. The January edition of the Insider Report reviews what...more

Employee’s ADA and FMLA Claims Survive Summary Judgment After Leaving Work Early To Go To Hospital

In Knight v. Barry Callebaut USA Service Company, Inc., the United States District Court of the Eastern District of Pennsylvania denied an employer’s motion for summary judgment on claims brought by a terminated employee...more

Q&A with Paula Williams: Guidelines allow voluntary employer wellness programs

Guidelines allow voluntary employer wellness programs - Q: A federal court recently heard a case involving a corporate wellness program. What was the basis for the Equal Employment Opportunity Commission (EEOC) lawsuit...more

A Particular Challenge: Managing Mental Disability in the Workplace

Understanding disability discrimination and reasonable accommodation is a challenge for employers, and particularly for the in-house counsel and HR professionals who must manage disability issues in the workplace. As you...more

Court Won’t Block EEOC’s Wellness Rules — For Now.

A federal judge in the District of Columbia has denied the AARP’s request for a preliminary injunction against the wellness rules issued by the Equal Employment Opportunity Commission last May. As a result, the EEOC rules —...more

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