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

You Posted My Medical Information on Facebook?!?!?

The Americans with Disabilities Act (ADA) prohibits discrimination against qualified individuals and ensures equal opportunity for persons with disabilities in employment. An employer is required to make a reasonable...more

Week in Review

We hope you had a happy 4th of July weekend! Last week’s news included more employees making headlines for their misuse of social media. The links below highlight three cases in which employees’ social media activity or...more

Polsinelli Podcasts - Best Kept Secrets of the Americans WIth Disabilities Act [Video]

It may be one of the best kept secrets impacting employers. Amendments to the Americans With Disabilities Act now means extended leave beyond the Family and Medical Leave Act is considered reasonable for employees under the...more

EEOC Sues Wal-Mart for Disability Discrimination

Retailer Rescinded Accommodation, Then Fired Intellectually Disabled Employee, Federal Agency Charges - ROCKFORD, Ill. - The U.S. Equal Employment Opportunity Commission (EEOC) filed a lawsuit here yesterday against...more

America's Largest Drug Store Chain to Pay $180,000 to Settle EEOC Disability Discrimination Suit

South San Francisco Walgreens Fired Longtime Employee With Diabetes Over a $1.39 Bag of Chips, Federal Agency Charged - SAN FRANCISCO - Drugstore giant Walgreens has agreed to pay $180,000 to a longtime employee with...more

Gotta Pass the Smell Test, Too

A Florida court recently let a claim proceed under the Americans with Disabilities Act (“ADA”), even though the employee had been terminated for a positive drug test and the ADA has a specific exclusion for current drug...more

Bypass ADA Interactive Accommodation Process At Your Peril

Discrimination claims are expensive to defend. If they reach a jury, the results are often unpredictable. That’s one reason employers need to do everything within their power to preserve the option to file a motion for...more

New York State Legislature Approves Use of Medical Marijuana; Users to Be Considered "Disabled" Under State Human Rights Law

On June 20, 2014, the New York state legislature approved a bill that would allow patients to use marijuana for limited medical therapeutic purposes. Governor Cuomo is expected to sign the bill into law. The bill will not...more

Princeton Healthcare Pays $1.35 Million to Settle Disability Discrimination Suit with EEOC

Hospital Fired Employees After 12 Weeks of Leave, Federal Agency Says - TRENTON, N.J. --- Princeton HealthCare System (PHCS), which operates an inpatient hospital and several outpatient medical facilities, will pay...more

Fort Worth Center of Rehabilitation to Pay $30,000 to Settle Disability Discrimination Lawsuit

Healthcare Facility Denied Applicant in Renal Failure Reasonable Accommodation for Her Disability, Federal Agency Charged - DALLAS - A Fort Worth-based health care facility will pay $50,000 and furnish other relief to...more

Quirky Question #232, We Can Require Our Employee To Work At The Office, Right?

Question: We are a medium-sized Minnesota employer. Our lead accountant recently spoke with our Director of Human Resources and requested to work from home several days a week due to a medical condition. We believe...more

50 For 50: Five Decades Of The Most Important Employment Discrimination Decisions - Number 45: What Is A Disability?

Ever since disability discrimination became illegal, the most pressing question has been how to define a disability. One of the first issues the courts faced was how to deal with disabilities that could be corrected with...more

50 For 50: Five Decades Of The Most Important Employment Discrimination Decisions - Number 44: Psychiatric or Mental Disabilities...

In the continuing evolution of equal employment opportunity law, no area has led to more stress for employers (all puns intended) than complying with their poorly defined and ever-changing obligations under the Americans with...more

Jamison Shaw Hairdressers Sued By EEOC for Disability Discrimination

Atlanta Hair Salon Unlawfully Fired Disabled Veteran, Federal Agency Charges - ATLANTA - Jamison Shaw Hairdressers, which operates a salon in the Buckhead section of Atlanta, violated federal law by subjecting a...more

Alcoholic Truck Driver Case Is Good For Transportation Employers, But Be Careful

The U.S. Court of Appeals for the 11th Circuit, which hears appeals from federal courts in Alabama, Florida, and Georgia, recently affirmed summary judgment for Crete Carrier Corporation. Crete fired one of its truck drivers...more

Long Term Care Providers Take Note: The Top Five Employment Law Mistakes to Avoid

Americans love top ten lists. In that love-for-lists spirit, and in an effort to be informative, we list below the top five employment law mistakes that long term care employers need to avoid. 1. Implementing a...more

EEOC Sues Baldwin Supply of Minneapolis for Disability Discrimination

Company Refused to Allow Employee to Return After Heart Attack and Fired Him Instead, Federal Agency Charges - MINNEAPOLIS - A Minneapolis-based distributor violated federal civil rights law by not allowing an employee...more

Wait, Now I Can’t Fire My Employees For Stealing? California Federal Court Holds Application of Anti-Grazing Policy to Diabetic...

A California Federal court recently permitted a disability discrimination claim to proceed to a jury trial in a lawsuit alleging that Walgreens unlawfully terminated a diabetic employee for violating its “anti-grazing” policy...more

Is Telecommuting a More ‘Reasonable’ Accommodation Under the ADA?

On April 22, 2014, the Sixth Circuit Court of Appeals in EEOC v. Ford Motor Company reviewed whether a telecommuting arrangement could be a reasonable accommodation for an employee suffering from a debilitating disability....more

ADA interactive process: A quiz for employers

What do you really know about the “interactive process” under the Americans with Disabilities Act? This is one area in which I am always getting questions, and I think it’s the terminology that scares employers. “Interactive...more

Is Any Use of Medical Info Disparate Treatment?

If an employer administers a post-offer medical exam in accordance with the ADA and keeps the acquired medical information confidential in accordance with the ADA, may the employer then use the information without violating...more

The New ADA Design and Construction Issue: Website Accessibility

- The DOJ has indicated that it plans on issuing a separate regulation to address website accessibility. However, no official action has been taken since it first sought comments on its proposal for addressing website...more

Home Sweet Home: 6th Circuit Rules that Showing up for Work is not Required

Changes in telecommuting practices may be around the corner for many employers, as the recent 2-1 decision in EEOC v. Ford Motor Co., 2014 FED App. 0082P (6th Cir. 2014) may usher in significant changes in what constitutes a...more

Guidance for Illinois Employers on Amendments to the Human Rights Act and a Reminder to All Employers Regarding Obligations to...

On May 28, 2014, the Illinois legislature passed amendments to the Illinois Human Rights Act that expand employment protections for employees and applicants related to pregnancy, childbirth and related conditions. The...more

Tenth Circuit Upholds Employer’s Inflexible Leave Policy

Equal Employment Opportunity Commission (EEOC) guidance provides that employers violate the Americans with Disabilities Act (ADA) by enforcing inflexible policies with specified leave limits. The EEOC has filed lawsuits...more

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