Disability Discrimination Americans with Disabilities Act

News & Analysis as of

Addressing and Preventing Workplace Violence

The subject of workplace violence has unfortunately made headlines once again after a news anchor and cameraman were killed by a former co-worker in Virginia last week. Employers are understandably concerned and have...more

Don't Make Too Much Of 9th Circ.'s Mayo V. PCC Ruling

The extent of an employer’s duty to provide reasonable accommodations to employees with mental impairments can be difficult to discern, especially where an adverse action is taken in connection with conduct that is caused by...more

ADA Compliance: Landlords, You're On the Hook

The Americans With Disabilities Act (ADA) prohibits discrimination based on disability. Title III of the ADA requires that businesses provide accommodations to persons with disabilities and access that is equal or similar to...more

Employment Law Commentary - Volume 27, Issue 8, August 2015

The extent of an employer’s duty to provide reasonable accommodations to employees with mental impairments can be difficult to discern, especially in where an adverse action is taken in connection with conduct that is caused...more

Death Threats Lead To Employer's ADA Victory

It is rare that the most employee-friendly of all federal appellate courts cites “common sense” in support of one of its decisions. The 9th Circuit Court of Appeals recently did just that, however, dismissing a disability...more

EEOC Sues Neenah Paper for Disability Discrimination

Company Required Employee to Take Meds at Job Site as a Condition of Employment, Federal Agency Charged - DETROIT - Neenah Paper, Inc., a manufacturer of various types of premium paper with a paper mill in Munsing,...more

Disability Access – Application of Disabled Persons Act and Unruh Act – Service Animals

Seth Flowers, et al. v. Brinda Prasad, et al. - California Court of Appeal, Second Appellate District (July 17, 2015) - The Unruh Civil Rights Act and Disabled Persons Act vary in their provisions. The Court of...more

Tennessee Supreme Court Throws Out Applicant's Workers' Compensation Retaliation Claim Against Prospective Employer

On August 21, 2015, the Tennessee Supreme Court held that a job applicant does not have a cause of action under the Tennessee Workers' Compensation Act (TWCA) against a prospective employer for failure to hire based on the...more

EEOC takes aim at Target for discriminatory pre-employment tests

The EEOC recently announced its $2.8 million settlement with Target Corp. of discrimination claims arising out of the use of employment tests in the hiring process. Discriminatory pre-employment tests like the ones at issue...more

Target Corporation to Pay $2.8 Million to Resolve EEOC Discrimination Finding

Company's Former Use of Pre-Hire Employment Assessments Discriminated Based on Race and Sex and Violated the ADA, Federal Agency Found - MINNEAPOLIS - Target Corporation, which is headquartered in Minneapolis, has agreed...more

A Surprising Holding by the Tennessee Supreme Court Regarding Workers' Compensation Retaliation Claims

On Friday, the Tennessee Supreme Court held in Yardley v. Hospital Housekeeping Systems that applicants are not eligible as a matter of law to assert "failure to hire" claims based on even the admitted fact that the reason...more

Happy Birthday ADA and How We Can Celebrate

The Americans with Disabilities Act (ADA) is 25 years old this year. I was a newly minted lawyer when this law emerged in 1990 and as I have grown, so have the number of disability discrimination lawsuits. In celebration of...more

Does Your Institution Have a Disability Accommodation Policy? It Should.

The Americans with Disabilities Act Amendments Act (“ADA”) prohibits discrimination against individuals with disabilities. The ADA also requires an employer to make reasonable accommodations for the known disabilities of an...more

EEOC Scores Six Figure Settlement Against University Of Michigan; For Limited Reassignment To The Most Well-Qualified Candidate...

Earlier this year, the Department of Justice (DOJ), which enforces the Americans with Disabilities Act (ADA) alongside the Equal Employment Opportunity Commission (EEOC), sued the University of Michigan regarding the school’s...more

The Pines of Clarkston to Pay $42,500 to Settle EEOC Disability Discrimination Lawsuit

Care Center for the Elderly Discharged Administrator After Learning of Her Epilepsy, Federal Agency Charged - DETROIT - The Pines of Clarkston, Inc., part of a group of assisted living facilities in southeastern...more

Ninth Circuit Says Employee Who Made Death Threats Against His Co-Workers Could Not Sue His Employer For Disability Discrimination

Joining similar holdings from several other circuits, the Ninth Circuit recently held in Mayo v. PCC Structurals, Inc. that a depressed employee who threatened to kill his co-workers and was thereafter fired was not a...more

Does Threatening To Kill Your Co-Workers Preclude an ADA Claim for Wrongful Termination?

In Timothy James Mayo v. PCC Structurals, Inc., 9th Cir., Case No. 13-35643, the Court of Appeals for the Ninth Circuit held that an employee, who was terminated after making credible death threats against his supervisor and...more

Celadon Trucking Services, Inc. to Pay $200,000 to Settle Lawsuit

Celadon Unlawfully Subjected Applicants to Pre-Employment Medical Examinations - INDIANAPOLIS - Celadon Trucking Services, Inc., a trucking company headquartered in Indianapolis, Indiana, has agreed in a consent decree...more

Second Circuit Rejects Ledbetter Application to Job Bias Cases

In a recent case, the U.S. Court of Appeals for the Second Circuit (“Second Circuit”) narrowed the scope of extended time limits offered by the Lilly Ledbetter Pay Fairness Act of 2009 (the “Ledbetter Act”). By way of...more

Six Things About The ADA That Even An Employer Can Love.

When President George H.W. Bush signed you into law in 1990, I had been practicing employment law for less than two years, so I feel like you and I grew up together....more

The Americans with Disabilities Act at 25 Years: A Look Back and What’s Ahead

This Sunday marked the 25th anniversary of the Americans with Disabilities Act (“ADA”), which was signed into law by President George H.W. Bush on July 26, 1990. The enactment of the ADA represented a bipartisan commitment to...more

Happy Birthday: The Americans with Disabilities Act Turns Twenty-Five

July 26, 2015 marked the twenty-fifth anniversary of The Americans with Disabilities Act (“ADA”), which created comprehensive federal protections for individuals with disabilities in all areas of public life, including the...more

EEOC Sues IDEX Corporation for Disability Discrimination

Company Terminated Regional Manager Because of His Disability, Federal Agency Charged - MIAMI - IDEX Corporation, a manufacturer and supplier of fluidics systems with locations nationwide, including multiple posts in...more

25 Easy Ways to Make Your Business More Accessible to Customers with Disabilities

Signed into law today, 25 years ago, on July 26, 1990, the Americans with Disabilities Act is the most comprehensive civil rights law designed to prohibit discrimination against people with disabilities....more

McLane Foodservice to Pay $40,000 to Settle EEOC Disability Discrimination Lawsuit

Food Supplier Refused to Hire Applicant on the Basis of Disability, Federal Agency Charged - MEMPHIS, Tenn. - McLane Foodservice, Inc., which supplies foodservice deliveries to fast-food chain restaurants, has agreed to...more

323 Results
|
View per page
Page: of 13

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:

Sign up to create your digest using LinkedIn*

*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.
×