News & Analysis as of

Disability Discrimination

12 Months of Additional ADA Leave Not Reasonable, Court Says - Three Lessons to Be Learned From 1st Circuit Decision

by Fisher Phillips on

A federal appellate court recently ruled that an employee’s request for 12 months of additional medical leave was not reasonable, and thereby upheld the dismissal of her Americans with Disabilities Act (ADA) lawsuit against...more

New York’s Highest Court Asked To Decide Whether New York City Human Rights Law Protects Mistaken Perception Of Alcoholism

by Jackson Lewis P.C. on

New York’s highest court, the New York Court of Appeals, has been asked to decide the question of whether the New York City Human Rights Law permits a claim of disability discrimination based solely on a perception of...more

Bringing Your Dog to Work: Service Animals as Disability Accommodation

The reasonable accommodations for an employee’s disability that may be required by the Americans with Disabilities Act and the Connecticut Fair Employment Practices Act can take many forms, including an employee coming to...more

Employment Law Navigator – Week in Review: May 2017 #4

by Zelle LLP on

Last week, a California Department of Transportation worker with severe allergies to scents and household chemicals won a $3.3 million jury verdict in a disability harassment lawsuit. The employee claimed that his...more

Digital Inclusion: How the Section 508 Standards Can Impact Your Organization

by Perkins Coie on

As more everyday activity migrates to digital technologies and the internet, a wave of new lawsuits are testing the boundaries of the Americans with Disabilities Act (ADA) and the digital world. The rapid proliferation of...more

District Court Denies Certification of Nationwide Class, Finding Individual Retail Stores’ Alleged Failures to Follow Internal...

by Carlton Fields on

An Illinois district court recently denied certification, finding that the putative nationwide class failed the commonality and numerosity prongs of Rule 23(a) and that injunctive relief was not available under Rule 23(b)(2)...more

Carolina Creek to Pay $70,000 to Settle EEOC Pregnancy and Disability Discrimination Suit

Christian Camp Demoted Employee Because of Her Pregnancy and a Related Complication, Then Fired Her for Complaining, Federal Agency Charged - HOUSTON - Carolina Creek Christian Camp, Inc., a Huntsville, Texas-area...more

Chapter 21 of the Texas Labor Code Does Not Incorporate ADA’s Prohibition on Release of Confidential Health Information

Texas courts interpreting Chapter 21 of the Texas Labor Code generally attempt to interpret it consistently with federal anti-discrimination laws and frequently look to federal court decisions for guidance. However,...more

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

Employment News - May 2017 #2

by Hogan Lovells on

Wrong answer – applicant should have been allowed an alternative to multiple choice test - The EAT in Government Legal Service v Brookes found that a job applicant with Asperger's had been unlawfully discriminated...more

New Eleventh Circuit Opinion Broadens Healthcare Providers’ Exposure to Litigation for Failure to Provide Effective Communication...

by Arnall Golden Gregory LLP on

On May 8th, the Eleventh Circuit Court of Appeals issued an opinion with broad implications for healthcare providers, confirming the importance of ensuring effective communication with deaf or hearing-impaired patients....more

Sixth Circuit Extends "Cat’s Paw" Liability Theory to FMLA Retaliation Claims

by Littler on

Properly identifying the decisionmaker in an employment discrimination case is important because it is the intent of the decisionmaker that determines whether an adverse employment action was motivated by a discriminatory or...more

2017 Federal ADA Title III Lawsuit Numbers 18% Higher than 2016

by Seyfarth Shaw LLP on

The increase of ADA Title III lawsuits in federal court shows no signs of stopping. From January 1 through April 30, 2017, 2629 lawsuits were filed — 412 more than during the same period in 2016....more

Whiskey For My Men, Beer For My (Service) Horse – A Business Owner’s Primer On Service Animals And The ADA

by SmithAmundsen LLC on

A guy and his horse walk into a bar… This could be the start of a funny joke, or the beginning of an American with Disabilities Act (ADA) complaint that can cost your business thousands of dollars in defense costs and...more

California Employment Law Notes - May 2017

Ruth Featherstone alleged that her former employer (SCPMG) discriminated against her based on a "temporary disability" that was caused by an adverse drug reaction, which resulted in an "altered mental state." During this...more

Multiple choice test = indirect disability discrimination

by Dentons on

Multiple choice tests are commonplace in recruitment processes and are a relatively easy way for employers to whittle down the number of applicants, especially where there are large numbers of applicants. However the case...more

Avoiding Illegal Termination of Employees in Nevada

by Dickinson Wright on

One of the many challenges for employers is that, occasionally, employees must be terminated. Unfortunately, sometimes those former employees claim to have been terminated illegally, giving rise to the risk of legal and...more

West Virginia Employers Soon to Enjoy Greater Flexibility in Drug Testing Employees, Despite Enactment of Nation’s 29th Medical...

by Littler on

The West Virginia Legislature recently passed two bills – the West Virginia Medical Cannabis Act and the West Virginia Safer Workplace Act – that dramatically change the landscape of West Virginia’s laws on medical marijuana...more

Sixth Circuit Says "Cat's Paw" Theory Applies to FMLA Retaliation Claim

Employers sometimes defend retaliation claims by responding that the person or persons making the adverse employment decision was not aware of the plaintiff’s prior complaint. In the employment discrimination context, the...more

EEOC Sues Impressions Incorporated for Disability Discrimination

Federal Agency Says St. Paul Company Fired Employee for Depression Despite His Submitting to Unlawfully Mandated Examination - MINNEAPOLIS, Minn. - Impressions, Incorporated, a St. Paul-based design, printing...more

Random Drug Tests (Still) Not Advisable In Most California Workplaces

by Seyfarth Shaw LLP on

Seyfarth Synopsis: California employers may not require employees to submit to random drug testing, except under very limited circumstances. California public policy, stated in our Constitution, strongly favors the right...more

Employment Law Navigator – Week in Review: May 2017

by Zelle LLP on

Last week, we saw several developments in the area of race discrimination in employment, including a Second Circuit decision that has generated media coverage and commentary. The Second Circuit’s ruling reversed a lower court...more

Refusing Employee’s Attempt to Rescind Resignation Was Not Actionable

by Jackson Lewis P.C. on

In what appears to be an issue previously undecided under the California Fair Employment and Housing Act (“FEHA”), the Second District Court of Appeals in California held that an employer’s refusal to allow an at-will...more

Medstar Harbor Hospital Will Pay $179,576 to Settle EEOC Disability Discrimination Lawsuit

Hospital Refused to Grant Therapist Reasonable Accommodation then Terminated Him, Federal Agency Said - BALTIMORE - Harbor Hospital Inc., trading as MedStar Harbor Hospital, will pay $179,576 and furnish other relief to...more

When Is Harassment Not Harassment? Guidance From The EAT

by Dentons on

In the case of Baker v. Peninsula Business Service Limited [2017] UKEAT/0241/16, the EAT confirmed that an individual cannot succeed in a claim for disability harassment, unless they first prove that they have that protected...more

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