Employer Liability Issues Americans with Disabilities Act

News & Analysis as of

The Same-Sex Marriage Ruling: Key Employment Law Take-Aways

On June 26, 2015, the Supreme Court of the United States answered the two questions it posed in the consolidated same-sex case, Obergefell v. Hodges, No. 14-556 (June 26, 2015). The consolidated case arose from challenges to...more

Kyklos Bearing International Will Pay $50,000 to Settle EEOC Disability Discrimination Lawsuit

Bearings Manufacturer Fired Employee With Cancer They Considered Disabled, Federal Agency Charged - CLEVELAND - Kyklos Bearing International, LLC (KBI), an Ohio bearings manufacturer, will pay $50,000 and provide...more

Supreme Court's Labor And Employment Decisions - 2014-2015 Term

The United States Supreme Court's most recent term has been marked by a series of significant rulings that serve to alter the landscape of labor and employment law in significant ways. Over the past few months, the Court has...more

EEOC v. Abercrombie & Fitch Continued: Did the Supreme Court Pave the Way for ADA Claims Based on Nonobvious Disabilities?

Earlier this month, the Supreme Court decided EEOC v. Abercrombie & Fitch, a Title VII case involving religious discrimination. While the case did not directly involve the Americans with Disabilities Act (ADA), the...more

Ebola Fears: Employer Best Practices for Epidemic Preparedness

Potential Ebola virus exposure is a concern that strikes fear in many. Employers may be confronted—if they have not been already—with difficult managerial decisions that must address employees' rational—or irrational—fears of...more

Second Circuit Confirms That Providing “Effective” Reasonable Accommodation Sufficient Under ADA and NYS Law

In Noll v. Int’l Bus. Machs. Corp., 13-cv-4096 (2d Cir May 21, 2015), the Second Circuit Court of Appeals addressed the extent to which, under the ADA and New York State law, an employee must be provided with the precise...more

Mental Health Awareness: A Reminder to Maintain Sensitive and Compliant Policies

With one in five Americans currently dealing with mental health issues and about half of Americans suffering from a diagnosable mental health condition within their lifetime, this is a topic which warrants serious attention....more

Come To Work And…Get Some Sleep?

Once upon a time, falling asleep at work was one of the best ways to get fired. Now, however, snoozing employees may not just have to be tolerated, they may need to be paid as well! How did we get to such an absurd point?...more

EEOC, Court Flip Flops Reveal Challenges to Employers Facing Accommodation Requests

If even the U.S. Equal Employment Opportunity Commission (EEOC) and the courts cannot agree how far the Americans with Disabilities Act’s (ADA) accommodation obligation extends, how is an employer supposed to do so? As we...more

U.S. Supreme Court Case EEOC v. Abercrombie Ruling: Employees Must Prove "Motive" Not Mere "Knowledge" in Order to Demonstrate...

In a closely-watched case arising from the Tenth Circuit Court of Appeals, EEOC v. Abercrombie & Fitch Stores Inc., the U.S. Supreme Court held yesterday that an applicant or employee need not prove that an employer had...more

Is Supervisor-Induced Stress a Protected Disability? California Appellate Court Says No

Employers often encounter challenging questions regarding their duty to accommodate employees who are diagnosed with stress, anxiety, or other mental health conditions that allegedly impact job performance absent...more

Quirky Question #261, When will our employee return?

Question: We’re a large company with offices in many locations, including in California, Minnesota, Washington and New York City. We often have disabled employees provide doctors’ notes that say they are unable to...more

Navigating complex post-pregnancy leave and restrictions

When Congress passed the Pregnancy Discrimination Act (PDA), the Americans with Disabilities Act (ADA) and the Family and Medial Leave Act (FMLA), it considered them as needed protections for clear-cut situations. For...more

Being “Qualified” Doesn’t Necessarily Mean Being Able to Perform “Essential Functions” of Job

Back in September 2013, I reported on a seemingly never-ending case of Tomick v. UPS and mentioned that it was headed to its second appeal at the Connecticut Appellate Court. (I talked about the history of the case and the...more

The Ever-Broadening Definition of “Disability” Under the ADA Remains a Source of Anxiety for Employers

A recent decision of the U.S. Court of Appeals for the Fourth Circuit (the federal appeals court that covers Virginia, North Carolina, West Virginia, Maryland, and South Carolina) reconfirms what many employers have long...more

Quirky Question #259, The FMLA and the ADA: Joined at the Hip

Question: I work in my company’s HR department and we just had an employee ask for additional time off, even though we’ve already given the employee a bunch of time off we are required to under the FMLA. I wanted to...more

The ‘interactive process’ for handling work restrictions during pregnancy

Our first segments in our six-part series on pregnancy in the workplace focused on how the ADA, FMLA and PDA apply in the workplace to employees before, during, and after pregnancy and child birth. In this segment, we narrow...more

Caltrans Liable for Failure to Properly Address Employee’s Requests for Accommodation

Kamali v. California Department of Transportation, No. B247756 (March 17, 2015): In an unpublished opinion, the California Court of Appeal recently upheld a jury’s verdict finding the California Department of Transportation...more

Employers Beware in Race Discrimination Cases

Several recent cases highlight the fact that employers should think twice before failing to properly address a Title VII complaint. Failing to do so may result in their winding up in a jury trial. That fact is most recently...more

EEOC Proposed Rule on Wellness and the Americans with Disabilities Act – What Employers Need to Know

The employer community has been waiting for years to receive guidance from the Equal Employment Opportunity Commission on wellness programs and how an employer’s obligations under the Americans with Disabilities Act intersect...more

JAMS Employment Matters Newsletter, Spring 2015

In This Issue: - You Can’t Fire Me... I’m on FMLA - The Rise in Pregnancy-Related Employment Discrimination Claims - Addressing Emotions That Drive Disparate Views of Fairness - Unpaid Interns Gain...more

More for Employers to Be Anxious About Under the ADAAA

In 2008, Congress enacted the ADA Amendments Act of 2008 (ADAAA), which expanded the Americans with Disabilities Act of 1991 (“ADA”). Congress passed the ADAAA with the express intent of counteracting several Supreme Court...more

“Light Duty” Work Assignments in Doubt: Supreme Court Adopts New Pregnancy Discrimination Standard Affecting Manufacturers

The United States Supreme Court issued its much anticipated decision in Young v. United Parcel Service, (U.S. Sup. Ct., March 24, 2015), in which the Court set forth a new standard for litigating pregnancy discrimination...more

Helmerich & Payne to Pay $59,000 to Settle EEOC Disability Discrimination Suit

Company Made Illegal Medical Inquiries and Violated Confidentiality Requirements, Federal Agency Charged - TULSA, Okla. - Helmerich & Payne, Inc. (H&P), a Tulsa-based drilling contractor, will pay a former employee...more

ADA “Direct Threat” Defense Just Got a Little Easier

The rights and protections afforded to those with disabilities by the Americans with Disabilities Act (“ADA”) are not without limitations. Accommodations for disabled employees must be reasonable, and the employee must still...more

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