News & Analysis as of

Americans with Disabilities Act Wrongful Termination 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 -

Appeals court rules diagnosed mental impairment not proven to be actual disability

by McAfee & Taft on

As many employers know, the ADA Amendments Act of 2008 (ADAAA) broadened the scope of who may be considered disabled under the Americans with Disabilities Act (ADA). Indeed, through the ADAAA, Congress sought to make it...more

Second Circuit Reverses ADA Jury Verdict for Pharmacist with Fear of Needles

by Robinson & Cole LLP on

In Stevens v. Rite Aid Corp., No. 15-277 (March 21, 2017), the U.S. Court of Appeals for the Second Circuit reversed a jury award of almost $2 million in favor of a pharmacist who suffered from a fear of needles because he...more

Needle and the Damage Done: Pharmacist’s Phobia Not Enough for ADA Claim

Can fear of an aspect of your job constitute a disability under the ADA? Depends on how essential the function is. In Stevens v. Rite Aid Corp, the Second Circuit Court of Appeals looked at the case of a Rite Aid pharmacist,...more

Employers and medical marijuana: Are California's anti-drug policies up in smoke?

by Thompson Coburn LLP on

What’s an employer to do when faced with employees using marijuana in or out of the workplace? How should employers respond to employees who use or possess marijuana legally under California law? How does such use or...more

Emory University Hospital Sued By EEOC for Disability Discrimination

Hospital Failed to Provide a Reasonable Accommodation to an Employee After Emergency Surgery, Federal Agency Charges - ATLANTA - Emory University Hospital, which operates in midtown Atlanta, violated federal law by...more

Allowing an Employee to Work a Shorter Shift May Be a Reasonable Accommodation

by Foley & Lardner LLP on

A recent federal district court decision is a good reminder that an employer needs to explore all options before denying an accommodation request, including whether it can go back to an employment practice it has changed and...more

Fourth Circuit Affirms EEOC’s Resounding Summary Judgment Defeat in ADA Case

by Seyfarth Shaw LLP on

In a case we have previously blogged about several times due to spoliation sanctions imposed on the EEOC – most recently here - the U.S. Court of Appeals for the Fourth Circuit affirmed a ruling out of the Middle District of...more

Harrison Poultry Sued by EEOC for Disability Discrimination

Poultry Hatchery Fired Employee While on Approved Leave, Federal Agency Charged - ATLANTA - Harrison Poultry, Inc. a poultry hatchery located in Bethlehem, Ga., unlawfully terminated an employee with a disability who...more

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