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Disability Discrimination Rehabilitation Act

McDermott Will & Emery

Nondiscrimination on the Basis of Disability

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For the first time in nearly 50 years, the US Department of Health and Human Services (HHS) Office for Civil Rights (OCR) has finalized revisions to regulations implementing Section 504 of the Rehabilitation Act of 1973,...more

Payne & Fears

April 2024 Case Summaries

Payne & Fears on

Mattioda v. Nelson, 98 F.4th 1164 (9th Cir. 2024) - Summary: Disability-based harassment claims are available under the Americans with Disabilities Act and the Rehabilitation Act....more

Jaburg Wilk

The Supreme Court Further Limits Recoverable Damages in Disability Discrimination Cases

Jaburg Wilk on

Generally, employers cannot discriminate against employees because of the employee’s disability. There are several laws that protect against disability-based discrimination, including: the Americans with Disabilities Act...more

Seyfarth Shaw LLP

Tenth Circuit Highlights Limits on Employers Defining Essential Functions of a Position

Seyfarth Shaw LLP on

Seyfarth Synopsis: The Tenth Circuit Court of Appeals reversed a summary judgment award on an employee’s failure-to-accommodate claim. The Court’s decision focused on the employer’s improperly narrow delineation of the...more

Bradley Arant Boult Cummings LLP

Happy Anniversary! New Guide for the Rehabilitation Act

Last week, on the 50th anniversary of the Rehabilitation Act — which prohibits disability discrimination by federal contractors and other programs receiving federal funds — the EEOC and Department of Labor issued a resource...more

U.S. Equal Employment Opportunity Commission...

EEOC, U.S. Department of Labor Issue Disability Resource Guide

Agencies Mark the 50th Anniversary of the Rehabilitation Act of 1973 - WASHINGTON – The U.S. Equal Employment Opportunity Commission (EEOC) and the U.S. Department of Labor released today a commemorative resource guide...more

McDermott Will & Emery

Special Report - HHS Proposes to Update Disability Nondiscrimination Regulations for First Time in Nearly 50 Years

McDermott Will & Emery on

Discrimination on the basis of disability has contributed to significant disparities in healthcare and child welfare. To address these disparities, the US Department of Health and Human Services (HHS) has proposed updated...more

Seyfarth Shaw LLP

The Art of Defending (or Lodging) a Failure to Accommodate Claim: A Lesson on The Rehabilitation Act

Seyfarth Shaw LLP on

Seyfarth Synopsis: The Tenth Circuit further clarifies The Rehabilitation Act while making it even harder to get rid of failure to accommodate claims at the summary judgment stage; FEHA and ADA implications may follow....more

Seyfarth Shaw LLP

OCR and DOJ Send A Message to Higher Ed: Make Your Websites Accessible

Seyfarth Shaw LLP on

A recent “Dear Colleague” letter issued jointly by the U.S. Department of Justice (DOJ) and the Office of Civil Rights of the Department of Education (OCR) places colleges and universities on notice of recent enforcement...more

Littler

U.S. Departments of Education and Justice Issue Dear Colleague Letter Regarding Digital Accessibility in Higher Education

Littler on

In a joint “Dear Colleague” letter (DCL) released May 19, 2023, the U.S. Department of Education’s Office of Civil Rights teamed up with the U.S. Department of Justice’s Civil Rights Division to make the public aware of both...more

Jackson Lewis P.C.

Appellate Court Addresses How Much Information Employee Must Submit to Support an Accommodation Request

Jackson Lewis P.C. on

One of the many difficult issues employers face under the Americans with Disabilities Act (ADA) is determining what information a disabled employee must provide to an employer to trigger the employer’s duty to accommodate a...more

Holland & Hart - Health Law Blog

OCR Addresses Healthcare Discrimination Experienced by Deaf and Hard of Hearing Patients

The U.S. Department of Health and Human Services Office for Civil Rights (“OCR”) entered into a Voluntary Resolution Agreement (“Agreement”) with CHI St. Vincent Hot Springs (“CHI”) to ensure there are effective communication...more

Jackson Lewis P.C.

[Webinar] Keeping Pace with Industry Concerns: Accessibility, Equity in Healthcare and Gender-Affirming Care - November 17th, 1:00...

Jackson Lewis P.C. on

As the industry continues to evolve, access to healthcare remains a key challenge. For certain segments of the population, access to healthcare is not equitable. We will examine how the ADA and state disability and...more

Rivkin Radler LLP

The Employment Law Reporter - September 29 2022

Rivkin Radler LLP on

Here is what we cover in this issue of The Employment Law Reporter: •The U.S. Court of Appeals for the Second Circuit has ruled that Title IX of the Education Amendments of 1972 affords a faculty member a private right of...more

Franczek P.C.

OCR Releases Revised Case Processing Manual with New Updates to Complaint Process

Franczek P.C. on

On July 18, 2022, the U.S. Department of Education’s Office for Civil Rights (OCR) released its revised Case Processing Manual (CPM), which was last updated in August 2020. The CPM outlines the procedures OCR uses to...more

King & Spalding

HHS Issues Guidance to Pharmacies Regarding Access to Reproductive Health Care

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Following President Biden’s Executive Order on ensuring access to reproductive health care, on July 13, 2022, HHS issued guidance to U.S. retail pharmacies regarding their obligations under federal civil rights laws. This...more

Sheppard Mullin Richter & Hampton LLP

Supreme Court Discrimination Case Narrows Scope of Restitution for Individuals

Last month, in Cummings v. Premier Rehab Keller, P.L.L.C., the Supreme Court denied a petitioner’s right to emotional distress damages in a private action brought under federal anti-discrimination laws. The Petitioner, a...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

U.S. High Court Says No Emotional Distress Damages For Discrimination under Rehab Act and ACA

The Supreme Court of the United States, on April 28, 2022, held that emotional distress damages are not available for private discrimination claims under the federal Rehabilitation Act of 1973 and the Affordable Care Act...more

FordHarrison

U.S. Supreme Court Holds that Spending Clause Antidiscrimination Statutes do not Permit Recovery of Damages for Emotional Distress

FordHarrison on

Executive Summary: In a groundbreaking opinion authored by Chief Justice Roberts in Cummings v. Premier Rehab Keller, P.L.L.C., the United States Supreme Court held that damages for emotional distress are not recoverable in a...more

Laner Muchin, Ltd.

SCOTUS Rules Emotional Distress Damages Unavailable for Suits Under Certain Federal Anti-Discrimination Laws

Laner Muchin, Ltd. on

In a recent April 28, 2022 decision, the Supreme Court of the United States (SCOTUS) ruled in favor of a Texas physical therapy provider, Premier Rehab Keller, PLLC (Premier Rehab), in a suit where petitioner Jane Cummings...more

Franczek P.C.

U.S. Department of Education to Amend Section 504 Regulations

Franczek P.C. on

The U.S. Department of Education recently announced its intent to amend the regulations implementing Section 504 of the Rehabilitation Act of 1973 to “strengthen and protect rights for students with disabilities.” While the...more

Roetzel & Andress

504 Regulations Will Be Amended: Get Your Comments In

Roetzel & Andress on

The U.S. Department of Education made a recent announcement that it intends to strengthen and protect rights for students with disabilities by amending the regulations implementing Section 504 of the Rehabilitation Act of...more

Jackson Lewis P.C.

Education Department Seeks Input to Strengthen Section 504 Protections for Students With Disabilities

Jackson Lewis P.C. on

To start the process of updating the regulations implementing Section 504 of the Rehabilitation Act of 1973, a seminal disability civil rights law that provides protections to elementary, secondary, and postsecondary...more

Bowditch & Dewey

Emotional Distress Damages Not Recoverable Under Anti-Discrimination Statutes, Including Section 504, Title VI, and Title IX

Bowditch & Dewey on

The United States Supreme Court has ruled that emotional distress damages are not available in private actions pursuant to various anti-discrimination statutes authorized under the Spending Clause of the United States...more

ArentFox Schiff

Emotional Distress Damages Not Available in Private Rehabilitation and Affordable Care Act Discrimination Cases

ArentFox Schiff on

Jane Cummings is blind and deaf, and she chiefly communicates using American Sign Language. When Cummings sought physical therapy from Premier Rehab Keller, P.L.L.C., she asked it to provide an American Sign Language...more

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