Disability Discrimination

News & Analysis as of

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

EEOC Model Wellness Program Notice

On June 16, 2016, the EEOC issued its model notice to be used in conjunction with wellness programs that ask disability related inquiries or require medical examinations. The notice requirement applies prospectively to...more

Liberty Chrysler Dealerships to Pay $50,000 to Settle EEOC Disability Discrimination Lawsuit

Saleswoman Unlawfully Fired Because of Her MS, Federal Agency Charges - RENO, Nev. - Three integrated Nevada-based car dealerships will pay $50,000 to an employee who was fired because of her multiple sclerosis and...more

McNees Labor Seminar Wrap-Up: The EEOC Issues Guidance on Leave as a Reasonable Accommodation

Just as the Commonwealth Court seemed to know we would be discussing the work-relatedness of injuries that occur on an employer’s premises, so too did the EEOC anticipate our presentation entitled “Your Leave is Giving Me a...more

The Final Word? The Ontario Court of Appeal upholds an astounding 10 years of back pay and employee reinstatement

Readers of this blog may recall reading in 2014 about the Ontario Divisional Court upholding the Ontario Human Rights Tribunal’s order for 10 years of back pay and employee reinstatement. The decision was reached in the case...more

Newark Port Automobile Processing Facility to Pay $350,000 to Settle EEOC Race Discrimination Suit

FAPS Refused to Recruit and Hire African-Americans, Federal Agency Charged - NEWARK, N.J. -- FAPS, Inc., one of the country's largest automotive re-delivery service firms, operating in the port area of Newark, will pay...more

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

Last week, the National LGBTQ Task Force and the District of Columbia’s Office of Human Rights issued a new report entitled Valuing Transgender Applicants & Employees: A Best Practices Guide for Employers. This follows the...more

Court Grants Judgment In Favor Of EEOC in Disability and Genetic Discrimination Case

Grisham Farm's Mandatory Health History Form Violated Federal Laws, Court Rules - ST. LOUIS -- A federal judge ruled in favor of the U.S. Equal Employment Opportunity Commission (EEOC) on June 8, 2016 that a Mountain...more

Employment Law - June 2016

OSHA's Electronic Submission Rule Finalized - Why it matters - Three years in the making, the Occupational Health and Safety Administration (OSHA) finalized a new rule mandating the electronic submission of injury...more

UK Tribunal Defines Some Limits on Employee Privacy Protections and Expands Anti-Discrimination Rights

Employee’s Privacy Rights - European courts continue to grapple with the limits on employee protections under Article 8 of the European Convention of Human Rights. Article 8 protects a person’s right to respect for...more

New EEOC Guidance – Handling Disabled Employee Leave Requests which Conflict with Your Company Policies and Practices

The Equal Employment Opportunity Commission (EEOC) has recently issued a new Americans with Disabilities Act (ADA) Guidance document which provides 20 examples of how the Agency expects employers to reconcile their regular...more

Labor and Employment Group News: Massachusetts Rehabilitation Commission Hit With Substantial Disability Discrimination Award

Private employers will feel faint satisfaction in learning that a Massachusetts Commission Against Discrimination (MCAD) Hearing Officer has lowered the boom in a disability discrimination case on a state agency servicing...more

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