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.
Common Employment Law Mistakes for Small, Start-Up and Growing Companies
5 Risks of Telecommuting (And How Employers Should Handle Them)
Founders Pavilion Violated Federal Law by Asking for Genetic Information From Applicants and Employees, Federal Agency Charges - NEW YORK - The Founders Pavilion, Inc., a Corning, N.Y., nursing and rehabilitation...more
Recently, the U.S. Equal Employment Opportunity Commission (“EEOC”) updated its informal guidance on how the Americans with Disabilities Act (“ADA”) applies to job applicants or employees with cancer, diabetes, epilepsy, and...more
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
In March 2013, the U.S. Department of Justice (“DOJ”) settled the first lawsuit of its kind with a New Jersey medical school over claims that it violated the Americans with Disabilities Act (“ADA”) by excluding two Hepatitis...more
When is it appropriate to require an employee to complete a medical examination? This question presents a common challenge for employers. ...more
Federal Agency Says Bank's Medical Leave Policy Violated the Americans with Disabilities Act - CHICAGO - BMO Harris Bank will pay $400,000 to a group of 14 former employees under a consent decree entered on May 2,...more
On May 7, 2013, the U.S. Equal Employment Opportunity Commission ("EEOC") reached a milestone of sorts as it filed – and then settled – its first complaint ever alleging genetic discrimination under the Genetic Information...more
The Americans with Disabilities Act (ADA) requires covered employers generally to provide reasonable accommodations to qualified employees with disabilities. The ADA provides, however, that the employee must be able to...more
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
Panel of Experts Tells EEOC of Need to Clarify Interplay Between Programs, Anti-Discrimination Laws - WASHINGTON-Wellness programs are an increasingly common feature of employee benefits programs, and guidance is...more
Health Care Facility Refused to Allow Alternate Form of Drug Testing as a Reasonable Accommodation for Applicant with Renal Failure, Agency Charged - DALLAS - The Fort Worth Center of Rehabilitation violated federal...more
Company Withdrew Job Offer Because of Cancer Surgery, Federal Agency Charged - ATLANTA - An Atlanta-based air transport communications and information technology company has agreed to settle a disability discrimination...more
In This Issue: - Thinking about Hiring an Unpaid Summer Intern? What You Need to Know - Pets in the Workplace: Should Your Company Open its Doors to Employees’ Furry Friends? - Excerpt from Thinking about...more
German Companies Fired Memphis Employee Due to Bipolar Disorder, Federal Agency Charged - MEMPHIS, Tenn. - Probat, Inc. and Probat Burns, Inc., d/b/a Bauermeister, Inc., German-based companies which roast and grind...more
An employer that terminated an employee for concealing his prior drug addiction on a job application to be a security guard did not violate the Americans with Disabilities Act (ADA), the 3rd Circuit Court of Appeals has...more
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
Employment law compliance is among the many challenges businesses face as they start up and grow. In this course, Mr. Martinez reviews the most common mistakes made by start-up, small and emerging companies explaining the...more
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
Florida's requirement that applicants for unemployment insurance apply over the Internet and take an online skills test discriminated against the disabled, because they could not easily access the computerized process,...more
Since Congress’ enactment of amendments to the Americans with Disabilities Act (ADA) in 2008, making it easier to establish disability status under that law, the EEOC has directed more of its attention to claims of pregnancy...more
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
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
In United States of America v. University of Nebraska at Kearney, et al., the United States District Court for the District of Nebraska granted partial summary judgment against the University of Nebraska at Kearny in a case...more
Physician With Epilepsy Denied a Reasonable Accommodation and Fired by Coral Gables Doctor's Hospital, Federal Agency Charged - MIAMI - Baptist Health South Florida, a Miami-based hospital system, violated federal law...more
Is being licensed to drive a commercial vehicle an “essential function” of a warehouse manager’s position, even though that manager rarely is required to drive? According to the Eighth Circuit Court of Appeals, that answer...more
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