News & Analysis as of

Case alert: Failure to interview disabled employee amounted to disability discrimination

In London Borough of Southwark v Charles, the EAT decided that the London Borough of Southwark (the "Borough") had failed in its duty to make reasonable adjustments when it refused to assess by other less formal means the...more

Court Upholds Employer’s Inflexible Leave Policy

The U.S. Equal Employment Opportunity Commission (EEOC) has filed a number of lawsuits against companies with inflexible leave policies, claiming the policies are discriminatory under the Americans with Disabilities Act...more

Burden of Proof: The "What Changed?" Argument from "A Medley of Interesting Disability Cases"

Hegger v. Unum Life Ins. Co. of America, 2013 U.S. Dist. LEXIS 28587 (N.D. Cal. 2013) - Facts and holding: Plaintiff Tami Hegger (“Hegger”) was employed as a medical device sales representative until she left work in...more

No Coverage for the Cantankerous? The Ninth Circuit Goes "Retro" In Finding "No Disability"

In Weaving v. City of Hillsboro, the U.S. Court of Appeals for the Ninth Circuit waxed nostalgic by reversing a jury and lower court finding that a police officer with Attention Deficit and Hyperactivity Disorder (ADHD) had a...more

Employers: Be Vigilant About ADA Compliance During the Hiring Process

While certain job duties may legitimately require that employers screen applicants and employees for medical conditions, organizations risk violating the Americans with Disabilities Act (ADA) and incurring serious legal...more

HUD Announces Disability Income Fair Housing Conciliation Agreement

On August 13, HUD announced that a nonbank mortgage lender agreed to pay $104,000 to resolve allegations that the lender’s underwriting practices resulted in discrimination against mortgage applicants who rely on disability...more

Ugh! – Does this ADA Claim Make Me Look Fat?

We are all familiar with the Americans with Disabilities Act. The ADA prohibits discrimination based upon actual or perceived medical disabilities, and the ADA requires employers to accommodate employees with disabilities...more

Work A Full Eight Hours? That's Not In My Job Description!

According to the EEOC, healthcare employers are disproportionately represented in the ranks of those sued for violations of the Americans with Disabilities Act (ADA). Baptist Health South Florida, Inc. recently became one of...more

Businesses Around the United States Being Targeted for Alleged Inaccessible Websites

While plaintiff's lawyers have been busy the past two years filing lawsuits around the United States alleging violations of the Americans with Disabilities Act (ADA) related to physical barriers—including a wave of class...more

How The ADA Impacts Your Hiring

Most employers understand their fundamental obligations under the Americans with Disabilities Act (ADA) to protect against disability discrimination and to provide reasonable accommodations to qualified disabled employees,...more

How To Handle Insufficient Medical Documentation in Support of an Employee’s Disability Accommodation Request

Workplace accommodation issues under the Americans with Disabilities Act (ADA) can be tricky to navigate especially if the employee’s supporting medical documentation is insufficient. This often occurs in situations where the...more

Alleging panic attacks due to mistreatment at work, employee’s HRTO application dismissed for duplicating court action

Employees may not raise the same human rights issue before the Human Rights Tribunal of Ontario and the courts, a recent HRTO decision confirms. The employee had commenced a court action in which he claimed that he was...more

A Lesson on the ADA: Engaging in Good Faith in the Interactive Process is Essential

Understanding the mandates of the Americans with Disabilities Act and similar state and local laws is easy: employers cannot discriminate against individuals with disabilities. However, navigating the reasonable accommodation...more

‘Steering Clear of ADA Drive-By Lawsuits’: Three Tips For Better Managing ADA-Related Risk

When I defend Virginia property owners in lawsuits involving the Americans with Disabilities Act (ADA), certain plaintiffs greet me warmly as I walk up to depose them. Why? Because we have seen each other so many times we are...more

DOJ Regulation Proposes New Closed Captioning Requirements

The Department of Justice has issued a Notice of Proposed Rulemaking that will establish new closed captioning requirements for movie theaters. This proposed rule has been issued under Title III of the Americans with...more

Must an Employer Modify its Leave of Absence Policy to Ensure Compliance with the ADA?

When is modification of a no-fault or inflexible leave of absence policy required as an accommodation under the Americans with Disabilities Act (ADA)? Although the Equal Employment Opportunity Commission (EEOC) has taken the...more

EEOC Issues New Enforcement Guidance on Pregnancy Discrimination and Related Issues

On July 14, 2014, the Equal Employment Opportunity Commission ("EEOC"), by a 3-to-2 vote of commissioners, issued Enforcement Guidance on Pregnancy Discrimination and Related Issues (the "Guidance"), along with a question and...more

EEOC Issues Guidelines on Pregnancy Discrimination for First Time in 30 Years

The Equal Employment Opportunity Commission (EEOC) recently issued new enforcement guidance on pregnancy discrimination for the first time in 30 years. The new guidance clarifies the EEOC's understanding of the law, as well...more

Employment Law - July 2014 #2

High Court’s Fall Docket Includes Major Employment Issues - Why it matters: While the 2013-2014 U.S. Supreme Court term may be over, the justices have granted certiorari in two major employment cases slated for the...more

Curb Appeal: Looks Matter When It Comes to the ADA

I’m frequently asked two questions by business owners and managers when it comes to ADA compliance and lawsuits. The first question is, “what type of businesses get sued most often?”...more

Employee Suing Based on Withdrawn Job Offer Must Prove Disabled Status

Once a conditional offer of employment is given, the Americans with Disabilities Act permits employers to require a pre-hire medical exam as a final condition of employment. If the exam reveals medical issues that would...more

Obesity can be a disability: AG gives opinion in ECJ case

As we reported in Be Aware on 1 July, the ECJ was recently asked in the case of Kaltoft v Kommunernes Landsforening to consider whether obesity should be regarded as being a disability for the purposes of disability...more

California Employment Law Notes - July 2014

"Unauthorized Alien" Who Provided False SSN Can Proceed With Disability Discrimination Lawsuit - Salas v. Sierra Chem. Co., 2014 WL 2883878 (Cal. S. Ct. 2014) Vicente Salas worked on Sierra Chemical's production...more

EEOC Sues Genesis Healthcare / Mount Olive Care & Rehabilitation Center for Disability Discrimination

Mount Olive Nursing Home Unlawfully Fired Employee Because of Arm Impairment, Federal Agency Charges - RALEIGH, N.C. - Genesis Healthcare, LLC, d/b/a Mount Olive Care & Rehabilitation Center, a Delaware limited...more

Dialysis Clinic, Inc. Sued By EEOC For Disability Discrimination

Sacramento Clinic Fired Nurse With Breast Cancer Over Medical Leave, Federal Agency Charges - SACRAMENTO, Calif. -- Nationwide healthcare provider Dialysis Clinic, Inc. (DCI) violated federal law by firing and refusing...more

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