Disability Discrimination

News & Analysis as of

California Federal Court Reminds Employers That They Must Carefully Navigate Disability Accommodation Process

The obligation to accommodate a disabled employee is an ongoing one; a doctor’s note may not be a prerequisite to engage in the interactive process – those are two important lessons that employers should take away from a...more

Court of Appeals Hears National Federation of the Blind’s Challenge to DOT Rule Regarding Blind-Accessible Kiosks at Domestic...

On June 29, a three-judge panel of the U.S. Court of Appeals for the D.C. Circuit heard the National Federation of the Blind’s (NFB) challenge to a Department of Transportation (DOT) Final Rule regarding air carriers’ duty to...more

Decades Later, Questions Linger Over Disability Access Online, But ADA Litigation Continues

When the Americans with Disabilities Act (ADA) was enacted in 1990, computers used floppy disks and the “World Wide Web” was still being tested by scientists at CERN. So while the law’s drafters had a good sense of what...more

Pennsylvania Court Says Museum Must Waive Admission Fee for Personal Care Assistants

Seyfarth Synopsis: Pennsylvania court rules that a museum violated the ADA when it refused to waive the entry fee for a guest’s personal care assistant. A federal district court judge in Pennsylvania court recently held...more

California Employment Law Notes - July 2016

Employer Is Entitled To Recover $4 Million In Attorney's Fees From EEOC - CRST Van Expedited, Inc. v. EEOC, 578 U.S. ___, 136 S. Ct. 1642 (2016) - The EEOC filed suit against CRST (a trucking company) alleging...more

Serial Plaintiffs Are Filing Waves of Title III Disability Cases

Hotels, restaurants and retail establishments have been flooded with new lawsuits filed by serial plaintiffs that allege that a property (a place of public accommodation) is in violation of Title III of the Americans with...more

Cha-Ching: The High Cost of Failing to Remedy Workplace Discrimination

Last week, Gretchen Carlson, the Fox News anchor, sued Fox News chairman Roger Ailes, accusing him of harassment and sexism. Though Ailes denies the allegations, the trial will be closely followed, both because of the...more

Employment Law Navigator – Week in Review: July 2016 #2

Last week, former FOX News anchor Gretchen Carlson filed a sexual harassment suit against her boss, Roger Ailes. Ms. Carlson’s complaint makes a number of allegations, including quid pro quo harassment, and was filed against...more

EEOC Sues McDonald’s Franchise for Disability Discrimination

Bentonville Restaurant Management Companies Fired Employee Because of His HIV Status, Agency Charges - LITTLE ROCK, Ark. - A McDonald's restaurant owned and operated by Mathews Management Company and Peach Orchard,...more

HHS Office of Civil Rights Releases Guidance for Long-Term Care Facilities Using the Minimum Data Set to Facilitate Opportunities...

The U.S. Department of Health and Human Services (HHS) Office for Civil Rights (OCR) has issued new guidance to help long-term care facilities comply with anti-discrimination obligations when they administer the Minimum Data...more

Does Your Company Website Violate the ADA? Part 2-Top Ten Considerations for a Web Accessibility Policy

In Part I of this series, we discussed the uncertainty concerning whether the Americans with Disabilities Act (ADA) applies to websites of private businesses, and, if so, the specific requirements that would apply to...more

Supreme Court Agrees to Hear Special Education Case

On June 28, the Supreme Court of the United States issued an order accepting to hear an appeal out of Michigan in the case Fry v. Napoleon Community Schools, No. 15-497, order granting cert, (June 28, 2016), that presents the...more

Revisiting the direct threat defense under the ADA

One of the defenses available to an employer under the Americans with Disabilities Act (ADA) is the idea that an accommodation of a qualified individual with a disability cannot be made when the employee poses a “direct...more

Employer Policy Failure Precludes Summary Judgment on Discrimination Claim

Seyfarth Synopsis: California Court of Appeal reverses a summary judgment for an employer that failed to follow its own policy regarding layoffs. Moore v. Regents of the University of California serves as a reminder to...more

Managing Repeated Requests for Leave as an ADA Reasonable Accommodation: Takeaways from My Webinar with EEOC Commissioner Feldblum...

Last Thursday, I had the pleasure of conducting a webinar with EEOC Commissioner Chai Feldblum on the topic of “leave” as an ADA reasonable accommodation in light of the EEOC’s new technical resource issued on this topic in...more

Employers Can’t Contractually Shorten Time For Filing Claims Under N.J. Law Against Discrimination

Last week the New Jersey Supreme Court issued its long-awaited decision in Rodriguez v. Raymours Furniture Co., Inc., ruling that the two-year statute of limitations for filing a lawsuit alleging violations of the New Jersey...more

HHS Issues Final Rule on ACA Nondiscrimination in Health Programs and Activities

On May 18, 2016, the Department of Health and Human Services (“HHS”) issued final regulations interpreting the nondiscrimination provisions of Section 1557 of the Affordable Care Act (“ACA”). The rule mainly impacts insurers...more

Legal Update: School Website Accessibility and Digital Communications Requirements

To ensure compliance under Section 504 of the Rehabilitation Act (Section 504) and Title II of the Americans with Disabilities Act (Title II), both of which are enforced by the U.S. Department of Education (ED), Office for...more

Learning from Orlando: addressing potentially violent employees

In the nine days since Omar Mateen opened fire in the Pulse nightclub, killing 49 individuals and injuring several others, a report surfaced that Mateen’s violent nature and potential to do harm to others was readily apparent...more

Employers Must Perform Individualized Assessment to Identify Reasonable Accommodation for Disabled Employee

In Peninsula Regional Medical Center v. Tracey L. Adkins, No. 68, September Term, 2015, (Opinion by Adkins, J., May 26, 2016), (“PRMC” and “Adkins”), the Maryland Court of Appeals, Maryland’s highest court, (the “Court”)...more

Disability Disparate Treatment Cases – Ninth Circuit Holds Employee Must Prove Actual Discrimination to Succeed

On June 7, 2016, in Alice Mendoza v. The Roman Catholic Archbishop of Los Angeles (USCA 9th No. 14-55651 (“Mendoza”), the Ninth Circuit held that under the Americans with Disabilities Act, an employee alleging disability...more

EEOC Issues Sample Notice for Employers Offering Wellness Programs

Last month, we alerted you to some new guidance from the EEOC on wellness programs. One of the key requirements of this new guidance is that employers must give notice to participants about the information being collected...more

Employment Law - June 2016 #2

California Considers Extending Fair Pay Act to Race, Ethnicity - Why it matters - Reflecting the nationwide trend of pay equity, a new bill under consideration by California legislators would extend the state's Fair...more

New Jersey Employers Cannot Reduce Employees' Time To File Discrimination Claims From Two Year Statute Of Limitations, Rules...

The New Jersey Supreme Court has held that employment agreements shortening the time in which an employee may file a discrimination claim against his or her employer under the New Jersey Law Against Discrimination (LAD) are...more

Please, Take Your Time: NJ Supreme Court Voids Contracts That Limit Workers’ Time to Sue

On June 15, 2016, the New Jersey Supreme Court issued its long-awaited decision in Sergio Rodriguez v. Raymours Furniture Company, Inc., in which it addressed whether the two-year statute of limitations under the New Jersey...more

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