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

Wait A Minute? Is Pregnancy a Disability Now?

On July 14, 2014, the Equal Employment Opportunity Commission issued guidance relating to pregnancy discrimination. Since that time, in federal courts around the country the EEOC has filed multiple lawsuits on behalf of...more

Hairdresser Pushes on to ADA Trial

A hairdresser in a nursing home had restrictions on pushing and lifting after a hysterectomy. Previously, plaintiff pushed wheelchair-bound residents to and from the beauty shop two days a week. When plaintiff notified the...more

"You Want More Time Off? "Dealing With Medical Leave Requests Under The FMLA And ADA

FMLA BASICS - - Applies to employers with over 50 employees within 75 miles - Applies to employees with at least 1,250 hours of service in last 12 months - Permits up to 12 weeks of total leave (job or equivalent...more

EEOC Sues FedEx Ground for Failing to Accommodate Deaf Employees and Recruits

The EEOC recently announced that it is suing FedEx Ground Package System for allegedly violating the Americans With Disabilities Act in their dealings with deaf and hearing-impaired workers nationwide. The suit claims that...more

Polsinelli Podcasts - Safely Navigating the ADA, FMLA & Worker's Compensation Laws [Video]

Polsinelli Podcast to preview the firm's complimentary 2014 Labor and Employment Webinar Series with Employment Law attorney Gillian MKean Bidgood. The Employment Law Bermuda Triangle – Safely Navigating the Confluence of...more

Ebola: Legal Considerations for Health Care Employers

As the Centers for Disease Control and Prevention (CDC) reports that “the risk of an Ebola outbreak in the United States is very low,” it is promulgating new protocols to more precisely address safety issues in the health...more

EEOC Lawsuits Shine a Spotlight on Wellness Programs

These days, many large employers have some form of wellness program, designed to help their employees address medical and lifestyle issues. Many employers reward employees who participate with discounts on insurance premiums...more

Ebola and Potential Labor Relations Issues

The Ebola panic presently sweeping the U.S. raises a host of potential issues for employers. We recently provided guidance to help employers ensure employee safety while also complying with legal obligations under the...more

Is Firefighter's Fear of Fire an ADA Disability?

Although it might seem strange to suggest that a firefighter's fear of entering a burning building is a disability, that's exactly what a Texas jury decided. In the end, however, the Texas Supreme Court overturned the jury's...more

Ebola– What Employers Can or Should Do As the Threat Grows

Recent news of three confirmed cases of the Ebola Hemorrhagic Fever (Ebola) in the United States (Dallas, Texas) -- with one fatal case -- has caused citizens to question what will happen if the disease comes to their...more

Seventh Circuit Reminds Attorneys to Conduct “Reasonable Amount of Legal Research” Before Filing Claims

Under the federal civil rights statutes, plaintiffs who prevail ordinarily receive an award of attorneys’ fees that must be paid by the defendant. But, in order not to deter plaintiffs from filing such claims, the reverse is...more

EEOC Chair Yang Calls for Renewed Effort to Hire People with Disabilities

White House Celebrates 'Champions of Change' - WASHINGTON -- U.S. Equal Employment Opportunity (EEOC) Chair Jenny Yang spoke on Tuesday at a White House event celebrating "Champions of Change" who are doing...more

EEOC Sues Sushi at the Lake for Disability Discrimination

Cornelius Restaurant Unlawfully Refused to Hire Applicant Because of Amputated Arm, Federal Agency Charges - CHARLOTTE, N.C. - Greenhouse Enterprise, Inc., dba Sushi at the Lake, which operates a restaurant in...more

The Unhealthy Side Effects of Employer Wellness Programs

I love wellness programs. I am a sucker for discounts of any sort, and I especially like the idea of rewarding healthy behavior. My bicycle has a tag that logs my work commute when I pass the electronic stations throughout...more

2d Cir Extends Williamson County Ripeness "Final Decision" Requirement To ADA Claims

Ah, Williamson County. We've ranted about it before, so we won't do so here (again). But takings mavens know that a property owner must meet two tests before she can raise a takings claim against a state or local government...more

“You Want More Time Off?” – Dealing with Employees’ Medical Leave Requests Under the FMLA and ADA [Video]

The webinar will review the Family and Medical Leave Act (FMLA) and the Americans with Disabilities Act Amendments Act (ADAAA), focusing on the interplay between the two statutes and the differing employer and employee...more

Deciphering Accommodation Requests under the ADA Not Clear Cut

Employers often take appropriate measures to ensure compliance with the Americans with Disabilities Act (ADA). However, ADA compliance efforts may be useless in situations where an accommodation request or disability is not...more

EEOC Sues The Lash Group for Disability Discrimination

Consulting Company Fired Employee Because of Post-Partum Depression, Federal Agency Charges - BALTIMORE - The Lash Group, a Charlotte, N.C.-based consulting company, refused to provide a reasonable accommodation to an...more

Small Dog Creates Big Problem For Employer Under The ADA; Employee's ADA Claims May Proceed To Trial

A recent ADA case in the U.S. District Court of Hawaii serves as a reminder that employees do not have to use any specific language to request a reasonable accommodation and that employers should follow up with employees in...more

Suncup / Gregory Packaging Sued by EEOC for Disability Discrimination

Company Admits It Fired Employee Because of Physical Impairment, Federal Agency Charges - NEWNAN, Ga. - Gregory Packaging, Inc., a nationwide manufacturer and distributor of juice products to school districts and...more

EEOC Sues First Title & Escrowand Related Companies for Disability Discrimination

Settlement Services Companies Revoked Part-Time Schedule and Terminated Employee Who Needed Dialysis, Federal Agency Charges - BALTIMORE - Rockville, Md.-based First Title & Escrow, Inc. and its related companies that...more

Inflexible Leave Policies and the EEOC

The last several years have seen the Equal Employment Opportunity Commission (“EEOC”) take an aggressive stance on inflexible leave policies. According to the EEOC, these policies – which subject employees to termination...more

An Employer Should Never Ask About Disability Or Religion. Except When It Should.

Everybody knows that an employer should never, ever, ever ask an applicant about religion or disability until after a conditional offer of employment has been made. And maybe not even then. Right?...more

Don't Be Tripped Up by Light Duty Obligations under the FMLA and ADA: A Discussion of Employer Best Practices

Earlier this week, I had the privilege of presenting on the FMLA and ADA reasonable accommodations at CUPA-HR‘s annual conference with my friend, Stan Kulesa from The Standard....more

EEOC Lawsuit Challenges Flambeau Over Wellness Program

Threats of Insurance Cancellation and Discipline Make Program Involuntary and Violate Disabilities Act, Federal Agency Charges - MADISON, Wisc. - Flambeau, Inc., a Baraboo, Wis.-based plastics manufacturing company, is...more

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