“You Want More Time Off?” – Dealing with Employees’ Medical Leave Requests Under the FMLA and ADA
This is a follow-up article on changes in employer accommodation law. Last week’s article addressed the increased level of accommodation required for employees’ religious beliefs – New Year’s Review of Legal Changes in...more
The U.S. Equal Employment Opportunity Commission (“EEOC”) is tasked with administrative enforcement of a variety of employment discrimination laws, including the Americans with Disabilities Act as amended (the “ADAAA”). The...more
Just this month, the Ninth Circuit Court of Appeals held that even temporary health conditions without long-term effects may qualify as disabilities protected by the federal Americans with Disabilities Act (ADA). While this...more
As the pandemic continues, a segment of individuals who contracted COVID-19 reports that they have not experienced a quick recovery. Rather, they are continuing to suffer symptoms months after initial onset of the disease....more
Recently, the U.S. Equal Employment Opportunity Commission (“EEOC”) weighed in and provided guidance on the Coronavirus for employers... ...In sum, the EEOC emphasizes that employers should still be cognizant of their...more
Supermarket Fired Deli Clerk Because of Her Disability, Federal Agency Charged - FRESNO, Calif. - Local grocery outlet PAQ, Inc., doing business as Rancho San Miguel Markets, has agreed to pay $100,000 to settle a...more
Managing an employee who is struggling with alcoholism or substance use disorder can be challenging for employers. While both conditions could be protected under the Americans with Disabilities Act Amendments Act (ADAAA),...more
The ever-evolving legal landscape surrounding marijuana legalization has in recent years continued to cloud the waters with respect to workplace drug testing programs. However, beyond the complex issue of whether employers...more
Federal Agency Charged That Trucking Giant Refused to Hire Veteran Because He Uses a Service Dog - CEDAR RAPIDS, Iowa - CRST Expedited, Inc./CRST International, Inc. will pay $47,500 and furnish other relief to settle a...more
The recent passing of George H. W. Bush is a fitting moment to reflect upon one of his most enduring legacies in the sphere of domestic policy: the Americans with Disabilities Act, which he signed into law on July 26, 1990....more
Seyfarth Synopsis: For the first time since the enactment in 2008 of the ADA Amendments Act (ADAAA), which broadened the definition of a disability under the Americans with Disabilities Act (ADA), the Ninth Circuit addressed,...more
Ten years ago, Congress passed the ADA Amendments Act (ADAAA). The law was intended to address what legislators believed was courts’ overly strict reading of the definition of disability under the Americans with Disabilities...more
Under the ADA Amendments Act of 2008 (“ADAAA”), an individual meets the requirement of being “regarded as” having a disability, and thus is protected from discrimination, where his or her employer believes that he or she is...more
The Seventh Circuit Court of Appeals (which addresses federal court cases brought in Wisconsin) has stated in the past that it does not intend to be a “super human resource department” for employers. Recent court decisions...more
Does the ADAAA allow an employee to claim that she is disabled-in-a-particular-place or with-a-particular-supervisor, and otherwise not disabled? A California federal court judge opened the door to such claims by denying...more
The Equal Employment Opportunity Commission filed suit last week in a federal court in Pennsylvania against Landis Communities (retirement communities), claiming that Landis unlawfully refused to accommodate the pregnancy and...more
Last week – July 26, 2015, to be precise – marked the 25th anniversary of the passage of the Americans with Disabilities Act. The anniversary kicked off celebrations of, according to the U.S. Department of Justice, the...more
Following the amendments to the Americans with Disabilities Act (ADA)—the ADA Amendments Act of 2008 (ADAAA)—employers were told to refrain from asking employees whether they were disabled. The employer community took this...more
The ADA Amendments Act substantially broadened the definition of protected disabled persons under federal law. Prior to ADAAA, federal courts routinely dismissed disability discrimination claims on the basis that the claimed...more
For the first time in over 30 years, the Equal Employment Opportunity Commission (EEOC) recently issued a comprehensive update to its guidelines on pregnancy discrimination. The EEOC’s Enforcement Guidance on Pregnancy...more