Disability

News & Analysis as of

New Law Expands the Duties of a Guardian of a Ward’s Person

The addition of subsection (g) to 755 ILCS 5/11a-17, effective January 1, 2017, expanded the rights of family members of a legally disabled adult (a “ward”) and added to the duties of a guardian of the ward’s person. Absent...more

Labor and Employment Regulations Potentially Affected by Trump Regulatory Freeze

The Trump administration's "Regulatory Freeze Pending Review" (Freeze Memo) instructs the heads of federal executive departments and agencies to send no regulation to the Office of Federal Register (OFR) until a presidential...more

Your property was hit with an ADA lawsuit – now what?

Over the last couple of years, Florida has seen a proliferation of lawsuits alleging violations of Title III of the Americans with Disabilities Act (“ADA”). Many of the cases are filed by “serial” filers – plaintiffs that...more

Let’s Talk: The Interactive Process Between Employer and Employee

An employer who is asked for a job accommodation by an employee with a disability is required to take part in what is called the interactive process under both the federal Americans with Disabilities Act (ADA) and the New...more

Canada: Ontario Human Rights Commission Releases Policy Statement on Medical Documentation and Disability-Related Accommodation...

On February 1, 2017, the Ontario Human Rights Commission (the “Commission”) released a new policy statement on medical documentation and disability-related accommodation requests. Under the Ontario Human Rights Code (the...more

New voluntary self-ID (disability) form is now available

On January 31, the Office of Federal Contract Compliance Programs announced that the voluntary self-identification form for individuals with disabilities has been renewed through 2020. The renewed form remains the same with...more

Puerto Rico Issues Comprehensive Labor Law Reform

On January 26, 2017, Puerto Rico’s Governor, Ricardo Roselló, signed into law the Labor Transformation and Flexibility Act (the “Act”). The Act represents the first significant and comprehensive labor law reform to occur in...more

ERISA: Fibromyalgia – “[D]iagnosis is not the automatic equivalent to a finding of disability.”

Fibromyalgia cases often are difficult to assess in determining eligibility for benefits. But the mere diagnosis of a condition (like fibromyalgia) is not enough to qualify for disability benefits under most policy...more

Additional Information for Implementing the Renewed Disability Self-ID Form

Seyfarth Synopsis: Federal Contractors should immediately update the Disability Self-ID Form to include the new expiration date. The OFCCP is allowing a 10-day grace period, until February 10th to update the form. Last...more

Tenth Circuit Rejects EEOC Position on Retroactive Accommodation of Performance Issues

For years, the Equal Employment Opportunity Commission (EEOC) and federal courts have acknowledged that employers do not have to excuse employee disciplinary violations because the employee later attributes such conduct to a...more

OMB Renews Disability Self-ID Form Required for Federal Contractors and Subcontractors

Seyfarth Synopsis: On January 31, 2017, the Office of Management and Budget (“OMB”) renewed the disability self-ID form. The form was set to expire at the end of business, however, OMB’s action extends the self-ID form’s...more

Disability Self-ID form approved for another 3 years

As some of you may have noticed, the current OMB approval for the required disability self-identification form expired January 31, 2017.  On the eve of its expiration, OMB approved the form for another three years – until...more

Immediate Update for Affirmative Action Compliance: New Voluntary Self-Identification of Disability Form for Federal Contractors...

Yesterday, the Office of Federal Contract Compliance Programs (OFCCP) published a new voluntary self-identification form (Self-ID form) to be used by covered federal contractors to comply with Section 503 of the...more

Court Says Settlement Agreement Does Not Bar Later Website Accessibility Lawsuit by a Different Plaintiff

Seyfarth Synopsis: With the recent proliferation of web accessibility demand letters and lawsuits, businesses often ask whether settling a claim with one plaintiff will bar future lawsuits brought by different plaintiffs. One...more

Renewed OFCCP Voluntary Self-Identification of Disability Form Now Available

Yesterday, the Office of Federal Contract Compliance Programs (OFCCP) announced that the Office of Management and Budget renewed the voluntary self-identification form for individuals with disabilities for an additional three...more

Difficulties at work resulting in disability?

When does stress at work amount to a disability? In the recent cases of Herry v. Dudley Metropolitan Council UKEAT/0100/16 and Herry v. Dudley Metropolitan Council and Governing Body of Hillcrest School UKEAT/0101/16, the EAT...more

Employment News - January 2017 #2

Change of plan – redundancy four months after TUPE transfer was for ETO reasons - The claimant in Davies v Droylsden Academy was a venue lettings manager for a company which provided premises services for schools. She...more

Sherlock: The Final Problem for Employers

The series 4 finale of Sherlock cleverly illustrates the dangers of allowing the inmates to run the asylum. The show regularly covers behaviors that would alarm any employer, such as Sherlock abusing drugs, firing guns...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

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

Employment News - January 2017 #1

A little knowledge is dangerous – awareness of the consequences of a disability not required for discrimination "arising from" disability - In City of York Council v Grosset, the EAT decided that the employer did not...more

Federal Contractors Not the Only Ones with Disability Goals

Federal agencies soon will be required to engage in affirmative outreach for individuals with disabilities. The final rule issued by EEOC on December 30, 2016, will require federal agencies to take steps to increase the...more

Apply Here! (with Everyone Else): ADA Does Not Mandate Noncompetitive Reassignment

When you can’t reasonably accommodate a disabled employee in the current position, do you have to give the employee a vacant position or can you follow your usual, competitive process? In EEOC v. St. Joseph’s Hospital, Inc.,...more

Seasonal Affective Disorder - It Can Be More Than the Winter Blues

As the weather continues to get colder and the days get darker, some people may notice that they feel more tired, experience weight gain, or struggle to get out of bed in the morning. For most, these symptoms begin in the...more

Good News for Disabled Individuals at the End of 2016

The end of 2016 brings good news to disabled individuals and their advocates on two fronts: The Social Security Administration has published an Emergency Message (EM-16053) to alert Social Security Personnel to this change in...more

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