Americans with Disabilities Act

The Americans with Disabilities Act is a United States federal statute enacted in 1990 to prevent discrimination against individuals with disabilities in employment, public accomodation, transportation,... more +
The Americans with Disabilities Act is a United States federal statute enacted in 1990 to prevent discrimination against individuals with disabilities in employment, public accomodation, transportation, communications and governmental activities. The Act defines a covered disability as those mental or physical impairments that substantially interfere with one or more major life activities.  Five different federal agencies are responsible for enforcing the ADA: Department of Labor, Department of Justice, Federal Communications Commission, Department of Transportation and the Equal Employment Opportunity Commission.  less -
News & Analysis as of

EEOC Sick Over Wellness Programs

Last week, the Equal Employment Opportunity Commission (the “EEOC”) filed a lawsuit against an employer under the Americans with Disabilities Act (“ADA”) related to its maintenance of a wellness program. Although far from a...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

Sexy ADA Issue: Bad Breakup May Not Justify Employer-Mandated Medical Exam

Rarely does one get a case that involves a cutting-edge Americans with Disabilities Act issue combined with wild, crazy, passionate, irrationally exuberant, tempestuous, adulterous romance. Well, folks, today is your lucky...more

The Boss Just Wanted to Help

Assuming that psychological counseling might be a “medical examination” under the ADA, when may an employer require an employee to get counseling as a condition of continued employment? A recent 6th Circuit case provides some...more

EEOC Lawsuit Challenges Orion Energy Wellness Program and Related Firing of Employee

Steep Penalties for Not Participating Said to Make Program Involuntary and Violate Disabilities Act - MILWAUKEE -- Manitowoc, Wis.-based Orion Energy Systems violated federal law by requiring an employee to submit to...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

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

Termination of Police Officer Whose ADHD Limits Ability to Get Along With Others Does Not Violate ADA, Ninth Circuit Says

In Weaving v. City of Hillsboro (--- F.3d ----, C.A.9 (Or.), August 15, 2014), the federal Ninth Circuit Court of Appeals was asked to decide whether, consistent with the Americans with Disabilities Act (“ADA”), the city...more

Post on Personal Facebook Page May Violate the ADA

A recent federal court decision underscores the importance of ADA compliance and medical confidentiality. In this case, an employer could end up being liable because an employee posted confidential medical information...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

EEOC Issues Guidance Requiring Employers to Provide Reasonable Accommodations to Pregnant Women

What you need to know: The Equal Employment Opportunity Commission recently issued Guidance relating to pregnancy in the workforce. The Guidance contains significant changes in the interpretation of laws affecting...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

Do Recent Events Impact Your Discrimination and Harassment Training?

You’ve probably already heard about President Obama’s executive order banning anti-LGBT workplace discrimination. The question is, how will it impact you and your organization? Have you heard that the EEOC recently...more

EEOC Issues Much-Anticipated Guidelines On Pregnancy Discrimination: Few Surprises, But Good Reminders

On July 14, 2014, the Equal Employment Opportunity Commission (EEOC), which is charged with enforcing the Pregnancy Discrimination Act, issued guidance on an employer's light duty and leave obligations under the law. First,...more

Controversy Surrounds EEOC’s Pregnancy Discrimination Guidance

On July 14, 2014, the Equal Employment Opportunity Commission (“EEOC”) issued its controversial Guidance on Pregnancy Discrimination and Related Issues, discussing pregnant employees’ rights under the Pregnancy Discrimination...more

A Game-Changing Decision? Sending FMLA Notices to Employees by U.S. Mail May Not Cut It Anymore

With all the FMLA paperwork that a leave administrator has to provide an employee during the FMLA process, you’d wonder whether you’re attending a real estate closing. All these documents — whether it’s the Notice of...more

Pregnant Employees Now Entitled to ADA-Type Accommodations

The EEOC has issued new guidance on the reach of the Pregnancy Discrimination Act ("PDA") that greatly expands the protections it claims all employers must provide to pregnant employees. The two most significant new...more

Recent EEOC Guidance Calls for Reasonable Accommodation of Normal Pregnancy

In July 2014, the Equal Employment Opportunity Commission (EEOC) took the position, in controversial Enforcement Guidance, that the federal Pregnancy Discrimination Act (PDA) requires employers to treat women with normal...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

Timing Is Everything: Employee Can Advance Pregnancy Discrimination Claim

On the heels of the EEOC’s recent guidance on pregnancy discrimination, a federal court has determined that an employee who was terminated based on future pregnancy-related job restrictions may proceed to trial on her...more

Employment Law Issues for Health Care Employers [Video]

In this webinar, moderated by Mark Kadzielski, Pepper partner and chair of the firm’s Health Care Services practice, Susan K. Lessack and Christopher J. Moran, both of Pepper’s Labor and Employment Practice Group, will...more

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