News & Analysis as of

Disability Discrimination

DOH! Nuclear Safety Regs Trump ADA Accommodation Request (Thankfully)

In a battle between a mentally ill employee seeking accommodation for his job at a nuclear plant and federal nuclear safety codes—-which wins out? The Third Circuit Court of Appeals ended up going with safety codes....more

Third Circuit Affirms Judgment in Favor of Employer in ADA Action, Finding that Compliance with NRC Regulations Justified...

by FordHarrison on

Recently, the United States Court of Appeals for the Third Circuit in McNelis v. Pennsylvania Power & Light Company affirmed the district court’s grant of summary judgment to the employer in a lawsuit alleging disability...more

Website Accessibility Lawsuit Filings Still Going Strong

by Seyfarth Shaw LLP on

Seyfarth Synopsis: The number of federal lawsuits alleging inaccessible websites continues to increase, along with the number of law firms filing them. Businesses remain well-advised to seek advice from counsel experienced...more

Dogged by Dogs at Work: Barking Up the Wrong Tree?

by Akerman LLP - HR Defense on

Suppose you hire Kristin Chenoweth to be your new TV show host, and she shows up on the set with her dog Thunder, claiming she needs the dog for emotional support. Must you allow this distraction?...more

Third Circuit Finds No ADA Violation Where Employee Deemed Unfit for Duty

by Reed Smith on

On Tuesday August 15, the U.S. Court of Appeals for the Third Circuit affirmed the dismissal of a claim for disability discrimination, where the plaintiff was deemed psychologically unfit for duty and subsequently had his...more

Disabling Code: Franchisors Should Ensure Digital Properties Are Accessible

by Lewitt Hackman on

Are we still in the dawn of the digital age, or have we moved on to mid-morning yet? Only time, and your company's web site and applications, will tell. Unfortunately, when it comes to website accessibility, it is still...more

Horizontal Well Drillers Sued by EEOC For Age And Disability Discrimination In Hiring

Oklahoma Oil Drilling Company Also Made Unlawful Inquiries Into Applicants' Past Workers' Compensation Claims and Committed Other Violations, Federal Agency Charges - ST. LOUIS - Horizontal Well Drillers (HWD), an oil and...more

How to Launch an Employment Discrimination, Harassment, Diversity or Affirmative Action Initiative on a Global Scale

by Littler on

Equal employment opportunity initiatives—human resources policies, handbook and code of conduct provisions, compliance standards, training modules and dispute resolution procedures that address discrimination, harassment and...more

WEB EXCLUSIVE: Supreme Court Review: Mixed Bag For Employers

by Fisher Phillips on

The 2016-17 Supreme Court term was truly a mixed bag for employers. The Court limited presidential power, reined in the appellate courts’ authority to review and overturn trial court decisions regarding EEOC subpoenas,...more

2 Essentials For Dealing With Employees Attempting To Game the System

by Fisher Phillips on

Today’s workplace is fraught with legal traps for well-intentioned but unwary managers. But one issue stands out far above the rest as perhaps the single biggest employee challenge in today’s workplace: malingering employees...more

EEOC Sues Dependable Health Services For Disability Discrimination

Health Care Staffing Agency Fired Phlebotomist With Sickle-Cell Anemia, Federal Agency Charges - BALTIMORE - Dependable Health Services, Inc., a health care staffing agency, violated federal law when it fired an employee...more

New York Federal Courts Allow ADA Website Accessibility Claims to Continue

by Ballard Spahr LLP on

Two federal courts in New York recently joined the growing list of those finding that Title III of the Americans with Disabilities Act (ADA) does apply to websites. Both courts denied motions to dismiss by businesses that had...more

On Drugs and at Work: Keeping Your Work Force Safe and ADA-Compliant in the Opioid Epidemic

by Baker Donelson on

According to research conducted by the Mayo Clinic, seventy percent of Americans are on at least one prescription drug, and more than half receive at least two prescriptions. Twenty percent of U.S. patients are on five or...more

UPS Maximum Leave Policy Results In $2 Million Settlement With The EEOC

The EEOC announced this week that it has settled a lawsuit it has been litigating with United Parcel Service, Inc., since 2009. The EEOC alleged that UPS violated the Americans With Disabilities Act by enforcing an...more

Food and Beverage Law Update: August 2017

by Holland & Knight LLP on

Wage and Hour - Tenth Circuit Aligns with Cumbie on Tip Credits - In Marlow v. New Food Guy, Inc., No. 16-1134, 861 F. 3d 1157 (10th Cir. June 30, 2017), the court affirmed the district court's ruling, consistent with...more

The State AG Report Weekly Update

by Cozen O'Connor on

Breaking News- Arkansas Attorney General Is New Chairman of Republican Attorneys General Association- Earlier today, the Republican Attorneys General Association (“RAGA”) named Arkansas AG Leslie Rutledge as its new...more

Responding To Violence In the Workplace – A “Catch 22” For Employers

by SmithAmundsen LLC on

The recent instances of violence in the workplace remind us of the complex task facing employers. Employers must maintain a safe work environment for employees while operating within the parameters of the many federal and...more

Vague, open-ended medical leave denied

by McAfee & Taft on

The Americans with Disabilities Act requires employers to consider a leave of absence for an employee due to a medical condition as a form of accommodation. However, that requirement is not without limitations. A recent...more

Zero Tolerance Drug Testing Policies in the Age of Medical Marijuana

by Pepper Hamilton LLP on

Q:  My Company wants to institute a drug testing policy that would automatically disqualify an applicant for employment if they test positive for illegal drugs, including medically-prescribed marijuana. Is this legal?...more

Medical Marijuana on Campus: Barbuto's Impact on School Policies Banning Drug Use

by Holland & Knight LLP on

The Massachusetts Supreme Judicial Court recently ruled in Barbuto v. Advantage Sales and Marketing, LLC that an employee's use of medical marijuana to treat a qualified disability may be a reasonable accommodation under...more

Check Your Handbooks!!! UPS Settles Maximum Leave Policy Violations for $2 million.

by Ruder Ware on

The EEOC filed suit against UPS on behalf of approximately 90 current and former employees for multiple violations of the Americans with Disabilities Act (ADA). The agency charged UPS with failing to properly accommodate...more

EEOC Sues UPS Freight for Violating the Americans With Disabilities Act

Company Treats Disabled Drivers Worse Than Drivers With DWIs, Suit Charges - ST. LOUIS - UPS Freight violated federal law by treating a truck driver who was unable to drive because of a minor stroke worse than it treated...more

Florida Legislation Seeks to Reduce ADA Title III Accessibility Lawsuits

Many lawsuits have been filed in Florida under Title III of the Americans with Disabilities Act. These lawsuits seek to close non-compliant businesses, or require building and interior modifications to make them accessible,...more

What Were They Smoking? Massachusetts Supreme Court Becomes First State Court to Find Employers Must Accommodate Use of Medical...

by Miles & Stockbridge P.C. on

As the number of states legalizing the use of marijuana for medical purposes has steadily grown, employers have been anxiously asking whether they are required to accommodate the use of medical marijuana if the use is related...more

UPS Delivers Cautionary Tale

by Sherman & Howard L.L.C. on

Maximum leave policies are ubiquitous. These policies typically state that an employee who does not/cannot return from leave within a specified period (e.g. 12 months) will be discharged. Last year the EEOC issued...more

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