Disability

News & Analysis as of

Sony to Pay $85,000 under Decree Resolving EEOC Disability Discrimination Suit

Electronics Giant Allegedly Engineered Firing of Employee Because of Her Prosthetic Leg - CHICAGO - Sony Electronics, Inc. will pay $85,000 under a consent decree entered in federal court today ending a lawsuit brought...more

PPD Ratings: Schedule of Weeks [Infographic]

For the loss or loss of use of the following member or vision in an eye, the employee is entitled to the corresponding number of weeks of permanent partial disability. If the employee has partial loss of use of that member...more

Federal Contractors are Reminded that the OFCCP's Updated Regulations Regarding Veterans and Individuals with Disabilities are Now...

Last year, we alerted clients to the Office of Federal Contract Compliance Programs’ (“OFCCP”) new rules (click here to view the alert) impacting how contractors meet their affirmative action and nondiscrimination obligations...more

Seeking SSD benefits for blindness

Blindness affects more than 1 million Americans over the age of 40, according to the American Academy of Ophthalmology. The condition can introduce significant medical expenses and markedly restrict a person’s abilities. Many...more

Obesity can be a disability, ECJ confirms

Ben Gorner, a Partner in our Birmingham office, comments: As we reported in Be Aware on 1 July and 18 July, the ECJ was recently asked in the case of Kaltoft v Kommunernes Landsforening to consider whether obesity should be...more

CJEU Gives Opinion On Whether Obesity Is A Disability

The Court of Justice of the European Union (CJEU) has held, in Karsten Kaltoft v Municipality of Billund, that obesity can constitute a disability for the purposes of EU discrimination law, albeit only where the requirements...more

Enactment Imminent for Section 529A Tax-Exempt Savings Programs for Disabled Beneficiaries

On December 16, 2014 the U.S. Senate approved the Achieving a Better Life Experience (“ABLE”) legislation previously approved by the House, authorizing state-sponsored tax-exempt savings programs for disability-related...more

2014 EEOC Year In Review: Lots Of Action, Mixed Results

2014 has been a notable year for the U.S. Equal Employment Opportunity Commission. The agency has initiated historic litigation, issued significant new guidance and signaled increased scrutiny of background checks and...more

Illinois Supreme Court Agrees to Decide Whether Pension Board's Disability Finding is Preclusive in Employee Benefits Act...

In the closing days of its November term, the Illinois Supreme Court agreed to decide whether a pension board’s finding that an officer is disabled for pension purposes is preclusive of the employer’s liability for health...more

Perceived Disability Now Recognized Under Connecticut Law

On Monday December 8, 2014, the Connecticut Supreme Court issued its long-awaited decision in the case of Mireille Derosiers v. Diageo North America, Inc. et al. holding that the Connecticut Fair Employment Practices Act (the...more

Using the SSA blue book to determine disability

Chicago residents who suffer from disabling conditions often think their impairments clearly qualify for Social Security Disability benefits. However, many SSD claims are denied because of the Social Security Administration’s...more

Epilepsy may qualify for Social Security Disability

About 1 in 26 Americans will be diagnosed with epilepsy at some point, according to the Centers for Disease Control and Prevention. The condition currently affects 2.3 million Americans, including many Chicago residents....more

Employer’s Super Anti-Harassment Policy May Increase Its Liability

A federal court in Connecticut recently concluded that a fired employee could have a valid disability harassment claim based on statements prohibiting all harassment contained in the employer’s personnel manual. The company...more

What is the Illinois Public Employee Disability Act?

The Illinois Public Employee Disability Act was passed in 1997 to protect public employees who face dangerous conditions in the line of duty. According to the U.S. Bureau of Labor Statistics, 5.6 out of 100 public employees...more

ABLE Accounts for Disabled Individuals – Senate is Now ABLE to Act

On December 3, 2014, the House of Representatives passed legislation that would allow qualifying disabled persons to establish tax-free savings accounts similar to 529 plans to pay for a host of expenses, including, but not...more

Employment Law 101: Americans with Disabilities Act

Who does it apply to: The law applies to all employers with 15 or more employees. What is the issue: It is against the law to discriminate against an employee or a prospective employee based on a disability the person...more

CFPB highlights alleged credit reporting errors relating to discharged student loans of disabled veterans

In a new blog post, the CFPB provides credit reporting advice to service-disabled veterans who take advantage of federal student loan forgiveness available from the Department of Education for veterans who receive a 100...more

What Do I Do If I've Been Overpaid Unemployment Benefits?

A lot of times in workers’ comp cases, someone is out of work because of their work injury but are not getting workers’ comp disability compensation, either because the case has been denied or because the insurance company...more

Care for parent leads to firing

Can an employer terminate an employee out of a belief that the employee is too distracted from his job duties due to caring for a relative with a disability? That was the issue in the recent case, Kourimihelakis v. Hartford...more

Additional Leave May Be Required Under ADA Even if Maximum Leave Is Exhausted

In Casteel v. Charter Communications, Inc., No. C13-5520 RJB (W.D. Wash. Oct. 23, 2014), a federal judge in Western Washington denied an employer’s motion for summary judgment on a failure-to-accommodate claim under the...more

Being Rude is Not an ADA Disability, Ninth Circuit Says

In a recent case, a police officer sued his employer, claiming that his inability to get along with co-workers was actually a disability under the Americans with Disabilities Act (ADA). The officer, who was fired for...more

High Court Rejects “Dual Purpose” Doctrine for Workers’ Compensation Claims

A home health nurse was employed to provide in-home health care services to her employer’s clients. On a typical day, she traveled from one patient’s home to another in her personal vehicle. When working weekends, she was...more

10 Strategies for Addressing Ebola in the Workplace

The American public is currently experiencing significant anxiety in the face of widespread news coverage of the 2014 Ebola epidemic — the largest in history according to the U.S. Centers for Disease Control and Prevention...more

Questioning employees about prescription drugs that could affect performance and safety

Employers often have policies and procedures (frequently included in a drug testing policy) that require their employees to disclose the lawful use of prescription drugs (i.e., per the advice and prescription of a licensed...more

Baywood Home Care to Pay $30,000 under Decree Ending EEOC Disability Discrimination Lawsuit

Home Health Care Provider Fired Employee With Fibromyalgia and Osteoarthritis Because of Walking Restrictions, Federal Agency Charged - MINNEAPOLIS - A Minneapolis-area home health care provider will pay $30,000 under...more

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