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 Issues Proposed Rule on Application of the ADA to Employer Wellness Programs

Proposed Rule Would Permit Incentives, Emphasize Confidentiality - WASHINGTON -- The U.S. Equal Employment Opportunity Commission (EEOC) today published a Notice of Proposed Rulemaking (NPRM) describing how Title I of...more

Is Telecommuting A Reasonable Accommodation, Or Is It Not?

In the context of a lawsuit brought under the Americans with Disabilities Act, a recent court decision says that “regular attendance” is an essential function of the job. But what is “regular attendance”?...more

Employers Can Decide That Physical Presence at the Workplace is an Essential Function

On April 10, 2015, the Sixth Circuit Court of Appeals issued its long-awaited en banc decision in Equal Employment Opportunity Commission v. Ford Motor Company following a vacated panel decision from April 2014 in which a...more

En Banc Sixth Circuit Decision Holds that Telecommuting Was Not a Reasonable Accommodation Under the Americans with Disabilities...

Last Friday, the Sixth Circuit Court of Appeals sitting en banc held that telecommuting up to four days a week was not a reasonable accommodation under the ADA for a disabled Ford Motor Co. employee. The decision, EEOC v....more

6th Circuit Provides Road Map for ADA Accommodation Cases

A recent Sixth Circuit Court of Appeals case provides employers with a great example of how to evaluate accommodation requests under the Americans with Disabilities Act (ADA). In EEOC v. Ford Motor Co., a case which...more

6th Circuit: Telecommuting Not a Reasonable Accommodation

On Friday, the United States Court of Appeals for the Sixth Circuit issued its decision in EEOC v. Ford Motor Company, No. 12-2484, 2015 WL 1600305 (6th Cir. Apr. 10, 2015), an ADA case involving telecommuting as a reasonable...more

Sixth Circuit Holds Telecommuting Not a Reasonable Accommodation Where Regular and Predictable On-Site Job Attendance is an...

Courts have repeatedly recognized that “regular job attendance” is an essential function of most jobs that need not be altered in order to reasonably accommodate a disabled employee. This common sense notion, however, has...more

Employee Survives Summary Judgment with Self-Serving Testimony

In Nigro v. Sears, Roebuck and Co., (No. 12-57262, filed 2/25/15, amended 4/10/15) (Nigro), the United States Court of Appeals for the Ninth Circuit held a self-serving declaration can be sufficient to create a genuine issue...more

Thanks, Ford! Hard-Fought Win Against EEOC In ADA-Telecommuting Case Is Welcome News For All Employers

Last Friday, the full U.S. Court of Appeals for the Sixth Circuit found in favor of Ford Motor Company in a disability discrimination lawsuit brought by the Equal Employment Opportunity Commission. ...more

En Banc 6th Circuit Returns to Practicality, Finding Regular and Predictable Attendance to be Essential Function of Position

In May 2014, we reported on an opinion of a divided panel of the Court of Appeals for the Sixth Circuit embracing the position of the Equal Employment Opportunity Commission (EEOC) that virtual full-time telecommuting could...more

Unreasonably Sporadic Telecommuting

One year ago, we reported on the Sixth Circuit’s ruling that telecommuting could be a reasonable accommodation for a resale steel buyer at Ford suffering from irritable bowel syndrome. There, the employee requested to...more

Deceased Employee's ADA Claim Becomes Property of Estate

What happens when a plaintiff pursuing a disability discrimination claim under the Americans with Disabilities Act dies during administrative or judicial review? Are the claims of such a personal nature that they expire along...more

More Road Rules: Telecommuting as a “Reasonable Accommodation” Under ADA Gets an Update

Last year, my colleague Gabe Jiran, had a series of posts on telecommuting as a possible reasonable accommodation. In one post, he reported on a Sixth Circuit decision that allowed an employee (and EEOC) to proceed to trial...more

NSBA to OCR: Standard for Addressing Requests for Technology by Students With a Communication Impairment is Off Key

Readers of our FR Alerts may remember my colleague Kendra B. Yoch authored an Alert in 2013 about a set of outlier cases in the Ninth Circuit Court of Appeals, K.M. v. Tustin Unified School District and D.H. v. Poway Unified...more

Supreme Court's Decision in Discrimination Case Creates New Standard, Prompts Review of Employers' Pregnancy Accommodation...

The U.S. Supreme Court has revived a pregnancy discrimination lawsuit brought by a part-time employee who had been placed on unpaid leave while she was expecting a baby – a decision that puts employers on notice that they...more

Pregnancy Accommodations After Young v. UPS: What Does the Decision Really Mean For Employers?

On March 25, 2015 the U.S. Supreme Court issued its decision in Young v. United Parcel Service. It was anticipated that the decision would provide clarity regarding the extent to which an employer must provide accommodations...more

Recent $50,000 Settlement Serves as Reminder that Employers Do Not Always Know What’s Best for their Employees

Question: Your employee has a heart attack and wants to return to work sooner than you think he should. There’s nothing wrong with giving the employee additional time off or terminating the employee if you think the job will...more

The EEOC and preferential treatment for pregnant employees

Examples of pregnancy-related impairments employers should consider and some common ADA accommodation requests Does the EEOC expect preferential treatment for pregnant employees? Originally published in Inside...more

Supreme Court Rules Employers Must Accommodate Pregnant Employees

In February, we discussed a case that was then before the Supreme Court in which the high court was to decide the question of whether federal law – primarily the Americans with Disabilities Act (ADA) and the Pregnancy...more

Ninth Circuit Holds That ADA Is Applicable Only to “Actual, Physical Place”

The decision in Earll v. eBay finds that a website business not connected to any physical place is not a “place of public accommodation” for purposes of Title III of the ADA....more

Employment Law Newsletter - April 2015

In This Issue: - Do Your Company Policies & Procedures Stand up against the NLRB? - Potential Pitfalls of Terminating an Employee who Requests Extended Leave - Excerpt from Do Your Company Policies & Procedures...more

Labor and Employment: The Supreme Court Addresses Pregnancy Accommodations Under Title VII (4/15)

On March 25, the U.S. Supreme Court issued its much anticipated decision in Young v. United Parcel Service, Inc., which centered on whether UPS unlawfully discriminated against a pregnant employee by denying her a light-duty...more

Supreme Court Ruling Increases Potential Liability for Employers Failing to Accommodate Pregnant Employees

On March 25, 2015, the Supreme Court reinstated a pregnancy discrimination suit that the Fourth Circuit Court of Appeals had previously decided in favor of the employer. ...more

EEOC Roundup: February 2015

Employment is heavily regulated in the U.S., where it is illegal to discriminate against a job applicant or an employee because of the person's race, color, religion, sex (including pregnancy), national origin, age (40 or...more

Supreme Court Creates New Framework for Deciding Pregnancy Discrimination Claims

What you need to know: The US Supreme Court recently decided a case where it created a new framework for proving pregnancy-related discrimination, making it easier for cases to reach a jury....more

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