ADAAA

News & Analysis as of

Employee Suing Based on Withdrawn Job Offer Must Prove Disabled Status

Once a conditional offer of employment is given, the Americans with Disabilities Act permits employers to require a pre-hire medical exam as a final condition of employment. If the exam reveals medical issues that would...more

Pregnancy Discrimination Is Focus of EEOC’s Updated Enforcement Guidance

On July 14, the U.S. Equal Employment Opportunity Commission (EEOC) released enforcement guidance on pregnancy discrimination and related issues, its first comprehensive update in 30 years. The guidance covers the...more

Does Your Employer Need to Keep You When You Have Permanent Work Restrictions?

Let's assume that you have an accepted workers' compensation claim in Nevada, and that your treating doctor has just released you with permanent work restrictions that would ordinarily prevent you from being hired or going...more

50 For 50: Five Decades Of The Most Important Employment Discrimination Decisions - Number 45: What Is A Disability?

Ever since disability discrimination became illegal, the most pressing question has been how to define a disability. One of the first issues the courts faced was how to deal with disabilities that could be corrected with...more

Guidance for Illinois Employers on Amendments to the Human Rights Act and a Reminder to All Employers Regarding Obligations to...

On May 28, 2014, the Illinois legislature passed amendments to the Illinois Human Rights Act that expand employment protections for employees and applicants related to pregnancy, childbirth and related conditions. The...more

Another Judge Finds that Obesity May be a “Disability” Under the ADA

Yet another federal court judge, the Honorable Stephen N. Limbaugh, Jr. of the Eastern District of Missouri, recently ruled, in Whittaker v. America’s Car-Mart, Inc., that an employee’s severe obesity could constitute a...more

Employment Law Blog: Complying with the ADAAA

The Amended Americans with Disabilities Act has greatly expanded the definition of “disability.” Under the ADAAA and its regulations, disability is defined as “a physical or mental impairment that substantially limits one or...more

Wait, Now I Have to Allow Employees to Steal Too?

With the passage of the Americans with Disability Amendments Act, (ADAAA), Congress very purposefully moved disability-related inquiries away from whether employees are “qualified individuals with a disability” and refocused...more

Where is the Internet?

Is the Internet a place? Apparently, no one’s entirely sure, but one federal appeals court has asked the California Supreme Court to figure it out in the context of a lawsuit that is pending against Cable News Network....more

Temporary Impairments May Be Covered Under the Expanded ADA

In late January 2014, the Fourth Circuit Court of Appeals ruled in Summers v. Altarum Inst. Corp., 740 F.3d 325 (4th Cir. 2014), that a sufficiently severe temporary impairment may be a covered disability under the Americans...more

ADA Protects Individuals with Cancer, Diabetes, Epilepsy and Intellectual Disabilities

Nearly 34 million Americans diagnosed with cancer, diabetes or epilepsy, and over two million suffering from an intellectual disability are now protected from discrimination under the Americans with Disabilities Act (ADA)....more

Hot Employment Topics for 2014 - Part I: The New World of Disabilities Discrimination

This is the first of a seven-part series describing "Hot Employment Topics for 2014." Part I focuses upon "The New World of Disabilities Discrimination."...more

Pregnant Employees Become the Subject of Heightened Attention and New Legislation

Over the past decade, the number of claims pregnant workers have filed with the Equal Employment Opportunity Commission (“EEOC”) has risen by almost 50 percent, according to the National Women’s Law Center (“NWLC”). Most of...more

Fourth Circuit Upholds ADAAA's Broad Definition of "Disability"

Congress passed the Americans with Disabilities Amendments Act of 2008 (ADAAA) over five years ago on Sept.17, 2008. The act’s stated purpose was to reinstate “a broad scope of protection to be available under the ADA” as the...more

Broad Definition of "Disability" Endorsed By Fourth Circuit

In its recently published opinion in Summers v. Altarum Institute, Corp., No. 13-1645, decided January 23, 2014, the United States Court of Appeals for the Fourth Circuit became the first federal appellate court to hold that...more

Fourth Circuit Rules That Temporary Impairments May Be ADA Covered Disabilities

The Fourth Circuit Court of Appeals, the federal appellate court covering North Carolina, among other states, recently ruled that a temporary impairment may be a covered disability under the Americans with Disabilities Act...more

Recent Decision on Temporary Disability Under the ADA Should Give Employers Pause

On January 23, 2014, the U.S. Court of Appeals for the Fourth Circuit (based in Virginia) held in Summers v. Altarum Inst., Corp. that a temporary injury, if sufficiently severe, may qualify as a “disability” under the...more

Temporary Impairments May Be Covered Under ADA

This past week, the U.S. Court of Appeals for the Fourth Circuit held in Summers v. Altarum Institute that a temporary impairment caused by an injury may be a covered disability under the 2008 Amendments to the Americans with...more

Fourth Circuit Rules Temporary Impairment May Be a Disability Under the ADAAA

In late January, the U.S. Court of Appeals for the Fourth Circuit held in Summers v. Altarum Institute Corp., No. 13-1645 (4th Cir. Jan. 23, 2014), that "a sufficiently severe temporary impairment may constitute a...more

Broken Bones

Cases under the ADA Amendment Act are finally reaching the courts of appeals. In what might be the first case to reach the appellate level on an issue other than whether the statute applied retroactively, the 4th Circuit has...more

Employers, Check Your Weight-Bias: Obesity, Disability, And The Broadened Coverage Of The ADAAA

A study released by the Center for Disease Control in August 2012 estimates that 32 percent of adults in Alabama are obese. Alabama regularly appears in the Top Five of the list of “heaviest states,” currently weighing in at...more

Preferential Hiring Beyond the OFCCP - Goodbye Employment-At-Will

When the Office of Federal Contract Compliance Programs (OFCCP) announced its rules on the hiring of veterans and those with disabilities this generated significant discussion on preferential hiring programs as well as the...more

Obesity as a Disability Under the ADA: Is it More Likely Now Than Before?

In July, the American Medical Association (AMA) adopted a new policy that officially labels obesity as a disease, “requiring a range of medical interventions to advance obesity treatment and prevention.” According to the...more

Top Ten Policies Every Employee Handbook Should Have

An Employee Handbook is a critical communication tool that sets forth corporate goals, policies and objectives as well as the expectations demanded of employees....more

Obesity as a Disease: Accommodation Required?

Last month, the American Medical Association (AMA) adopted a new policy recognizing obesity as a disease. As approximately one in three Americans qualifies as obese, the AMA's newly adopted approach to this epidemic likely...more

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