Disability

Mentally Disabled Immigrants Win Legal Representation

by Matt Mayes | Lawyers.com on 5/16/2013

Jose Antonia Franco-Gonzalez spent nearly five years in detention, separated from his mother after his deportation case was closed. Severe mental impairment prevented him from defending himself....more

EEOC Issues Revised Publications on the Employment Rights of People with Specific Disabilities

by U.S. Equal Employment Opportunity Commission... on 5/16/2013

WASHINGTON --The U.S. Equal Employment Opportunity Commission (EEOC) today issued four revised documents on protection against disability discrimination, pursuant to the goal of the agency's Strategic Plan to provide...more

Revisions to CHRO-Related Statutes Under Consideration Include Damages for Emotional Distress

by Daniel A. Schwartz | Pullman & Comley, LLC on 5/16/2013

Whenever someone tells you that a proposed bill “clarifies” something or “simplifies” existing law, you should view such talk with a dose of healthy skepticism....more

Converted Individual Disability Policies Governed by ERISA?

by D. Michael Reilly | Lane Powell PC - ERISA Law on 5/15/2013

You already know that an individual disability policy may nevertheless be governed by ERISA, even when the employee pays her own premium. This can occur when the employees benefit from a rate structure or premium discount...more

New Requirements re Insurance for LTD Plans of Federally-Regulated Employers Coming Into Force in 2014

by Douglas Rienzo | Osler, Hoskin & Harcourt LLP on 5/14/2013

In 2012, the federal government passed Bill C-38, the Jobs, Growth and Long-term Prosperity Act, which among other things amends the Canada Labour Code (the Code) to implement insurance requirements for long-term disability...more

EEOC Signals Increased Focus on Employer-Sponsored Wellness Programs

by Martha J. Zackin | Mintz Levin - Employment, Labor & Benefits on 5/9/2013

A majority of US employers offer some sort of wellness program designed to reduce the cost of health insurance and healthcare costs, and to improve the health and well-being of employees. However, unless care is taken, even...more

ECJ Expands Meaning of “Disability” Under Equal Treatment Directive

by Nick Thomas | Morgan Lewis on 5/7/2013

Court confirms that "disability" should be interpreted broadly and places onus on employers to explore a reduction in working hours as a potential adjustment....more

$240M to Disabled Workers Abused in Company’s ‘House Of Horrors’

by Sylvia Hsieh | Lawyers.com on 5/6/2013

A turkey processing company has been ordered by a jury to pay a whopping $240 million for paying mentally disabled workers 41 cents per hour and housing them in a rodent-infested “house of horrors.”...more

Contractors: Is Your Company’s Web Site Accessible to Individuals With Disabilities? (OFCCP Thinks It Should Be)

by Matt Nusbaum | Proskauer - Government Contractor Compliance... on 5/3/2013

In December, 2011, the Office of Contract Compliance Programs (OFCCP) caused much consternation among the federal contracting community by publishing proposed changes to the affirmative action and nondiscrimination...more

Labor Bureau Releases Statistics Related To Employment Barriers For Persons With Disabilities

by Peggy Carter-Ward | XpertHR - Partnered with LexisNexis on 5/3/2013

In light of a recent Bureau of Labor Statistics (BLS) report, employers should review their internal policies regarding flexible work arrangements in order to recruit and retain qualified employees with disabilities. The BLS...more

Jury Awards $240 Million for Long-Term Abuse of Workers with Intellectual Disabilities

by U.S. Equal Employment Opportunity Commission... on 5/2/2013

Historic Verdict Against Henry's Turkey Service for Men Subjected to Verbal and Physical Harassment, Housed in Substandard Facilities, Denied Medical Care - WASHINGTON - A Davenport, Iowa jury today awarded the U.S....more

EEOC Requires Reasonable Accommodations For Wellness Plans

by Angela Bohmann | Leonard, Street and Deinard - Employee... on 5/1/2013

Many employers are offering wellness programs to employees in connection with their health plans and are aware of the HIPAA regulations that govern such programs. Although employers design their wellness programs to conform...more

Pennsylvania Court Denies Certification Of Disability Discrimination Claims

by Greg Mersol | BakerHostetler on 4/30/2013

In the vast majority of discrimination cases, there is little dispute over whether the plaintiff is actually in a protected group. For example, in sex discrimination cases, for the most part, they are either male or female;...more

HIV-Positive Patient Wins Suit Over Doc’s “Unreasonable Fear”

by Josh Crank | Lawyers.com on 4/29/2013

A California appeals panel has reversed a lower court verdict denying the claims of an HIV-positive woman whose surgery was canceled at the last minute by an anesthesiologist who was worried he might contract the disease....more

Does Partial Deafness Constitute a Disability Under the ADAAA? The Question Remains Unanswered

by Maria Greco Danaher | Ogletree, Deakins, Nash, Smoak & Stewart,... on 4/29/2013

A federal court in Pennsylvania recently dismissed a lawsuit filed by a female newspaper page designer who claimed that she was laid off because of her gender and her deafness in one ear. Mengel v. Reading Eagle Company, No....more

New California Landlord Disclosure Requirements Effective July 1

by David Barksdale, Gary York | Ballard Spahr LLP on 4/24/2013

Two new landlord disclosure requirements become effective in California on July 1, 2013. One requires that all new commercial leases state whether the property has been inspected for disability access—and if so, the results....more

Appellate Court: Tenured Teachers May be Terminated for “Disability” Without Violating CFEPA

by Daniel A. Schwartz | Pullman & Comley, LLC on 4/24/2013

The Connecticut Appellate Court yesterday released two notable employment law decisions. They won’t become “official” until April 30, 2013, so you have some time to digest them. I’ll cover one today and leave the other for a...more

ERISA Legal News - 1st Quarter, 2013 • Volume 4, Number 1

by Kimberly Ruppel | Dickinson Wright on 4/23/2013

In This Issue: - Supreme Court Update: Where Plan Reimbursement Or Recovery Terms Are Ambiguous Or Silent,Equitable Doctrines May Fill The Gaps: US Airways, Inc. v. McCutchen, 569 U.S. ___ (2013). In an...more

AODA’s Workplace Emergency Response Information Requirements Already In Force: Are You In Compliance?

by Adrian Miedema | Dentons on 4/18/2013

Since January 1, 2012, Ontario employers have been obligated to provide “individualized workplace emergency response information to employees who have a disability, if the disability is such that the individualized...more

Do Disabled Individuals Have Special Protection Under Workers Compensation Law?

by Berry, Sahradnik, Kotzas & Benson on 4/17/2013

If previously disabled workers are permanently and totally disabled as a result of a work-related injury, they are entitled to protection under New Jersey’s Second Injury Fund. The fund ensures that workers compensation...more

Americans Score More Easily Seeking Social Security Disability— Reasons Why Social Security Findings Could Be Rejected by ERISA...

by D. Michael Reilly | Lane Powell PC - ERISA Law on 4/17/2013

The claimant seeking long term disability benefits under your ERISA Plan was found to be disabled by the Social Security Administration....more

New Commercial Property Disclosure Requirements

by Hopkins & Carley on 4/16/2013

A recent statute and set of regulations will shortly begin to impose new disclosure requirements on commercial landlords, property sellers, and borrowers in California for leases, purchases, and financings entered into on or...more

Be Prepared: New Commercial Lease Disclosure Requirements Under California Disability Access Laws Take Effect July 1, 2013

by Dustin Branch, Brian Huben, Stacey D. McKee Knight | Katten Muchin Rosenman LLP on 4/15/2013

In the fall of 2012, California Governor Jerry Brown signed Senate Bill 1186 (SB 1186). Among other things, SB 1186 reforms California’s disability access laws by: (1) banning pre-lawsuit letters from lawyers demanding money;...more

FCC Adopts New Rules for Accessibility of Emergency Information in Video Programming

by Maria T. Browne, Brad Guyton | Davis Wright Tremaine LLP on 4/12/2013

On April 9, 2013, the Federal Communications Commission (FCC) established requirements for the video description of emergency announcements presented on-screen during TV programs, so that the blind and visually impaired can...more

EEOC Sues Wal-Mart for Sexual Harassment, Retaliation and Disability Discrimination

by U.S. Equal Employment Opportunity Commission... on 4/12/2013

Developmentally Disabled Walmart Employee in Akron Store Fired for Complaining About Sexual Touching, Federal Agency Charges - CLEVELAND - Wal-Mart Stores East, L.P. violated federal law by allowing a male employee...more

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