News & Analysis as of

Texas Supreme Court Argument Preview - 3/15

On Wednesday, March 25, 2015, the Supreme Court of Texas will hear argument in two cases. No. 13-0745, Greater Houston Partnership v. Paxton - This dispute arises from a request for the records of the Greater Houston...more

Lie Rejecter: Employer's Fraud Defense to Disabled Employee's Claim Fails

It's no secret that in formulating their defense to employment claims, employers often seek to discredit employees' allegations through the employees' own contradictory statements or positions taken. This issue arises most...more

Teacher With Fear of Children Not Entitled to ADA Accommodation

The Americans with Disabilities Act requires employers to provide reasonable accommodations that allow a disabled employee to perform the essential functions of the job. However, not all accommodation requests are reasonable....more

Are We Being Punked? EEOC Files Disability Discrimination Claim Against Disability Services Provider

The EEOC has filed a lawsuit (EEOC v. ValleyLife, Civil Action No. 2:15-cv-00340-GMS) under the Americans with Disabilities Act (ADA) against ValleyLife, a disability support services company in Arizona, claiming that...more

“State Of The Union” On Substance Abuse And The Workplace

Where are we these days with respect to mind-altering substances and the workplace? Here’s the latest, with the “substances” discussed in alphabetical order. This blog post is guaranteed accurate™ for at least the next five...more

ADA Claim Brought by Claustrophobic Attorney Allowed to Proceed

When the Americans with Disabilities Act definition of "disability" was expanded by the ADA Amendments Act of 2008, we told you to expect an increase in accommodation requests and disability discrimination claims. Many of you...more

Wal-Mart to Pay $150,000 to Settle EEOC Age and Disability Discrimination Suit

Keller Store Manager Was Harassed and Fired Because of His Age and Denied Accommodation for His Diabetes, Federal Agency Charged - DALLAS - Wal-Mart Stores of Texas, L.L.C. (Wal-Mart) has agreed to pay $150,000 and...more

Reasonable Accommodation of a Disability Does Not Require Elimination of an Essential Job Function

The federal Americans with Disabilities Act prohibits discrimination in employment against a qualified individual on the basis of disability, and discrimination includes failing to make a reasonable accommodation. The...more

Texas court rules disabled employees must ask for accommodations

What’s an employer to do when a disabled employee has repeated opportunities to ask for an accommodation but doesn’t act on them? In a recent case, a federal court in Texas ruled that the employer was justifiable in...more

Expert Medical Evidence Is Required to Prove Accommodations Offered Were Not Reasonable, New Jersey Appellate Division Holds

In a precedential opinion, the New Jersey Appellate Division rejected an agoraphobic plaintiff’s claim under the New Jersey Law Against Discrimination (LAD) for failure to provide a reasonable accommodation. The court held...more

Why Employers Should Think Twice Before Making Employees Play Hurt

Recently, my Alma Mater, The University of Southern California, was sued by a former member of the Trojan football team. Former cornerback Brian Baucham filed a lawsuit against USC and former coach Lane Kiffin, alleging he...more

Supreme Court to Determine If Employers Must Provide Accommodations for Pregnant Workers

Women account for 57.2% of the American workforce and are increasingly working throughout their pregnancies. While most pregnant women require no changes in their jobs, some — particularly those with physically demanding...more

Drug Testing: Dot Every "i" and Cross Every "T" -

It seems unlikely that anyone who could pass a drug test would disagree that Iowa’s drug testing statute is complicated and difficult to administer. Iowa Code § 730.5, which relates to private sector drug and alcohol testing,...more

Every Dog Has His Day – Even at Work

Some start-ups are already doing it. And, other companies are considering the cost-benefit analysis of allowing employees to bring their pets to work. However, much like an unfamiliar dog, pet policies have to be handled...more

Employment Law - January 2015

U.S. Supreme Court: Security Screenings Not Compensable - Why it matters: In a closely watched case, the U.S. Supreme Court unanimously reversed the Ninth U.S. Circuit Court of Appeals to rule that the time spent by...more

School Teacher With Breast Cancer Could Proceed With Disability Discrimination Lawsuit

Lauralyn Swanson was a teacher for the Yucca Valley Elementary School who was diagnosed with breast cancer and underwent a mastectomy. After the district’s board of education voted not to renew Swanson’s contract, Swanson...more

Employee's Resignation in Midst of Interactive Accommodation Process Dooms ADA Claim

Employers understand that in the event that an employee requests a workplace accommodation due to a disability, they are legally required to explore the accommodation with the employee through the “interactive process.”...more

Accommodations for Pregnant Employees Reaches Supreme Court

What accommodations must employers provide to pregnant employees? On December 3, 2014, the Supreme Court heard oral argument in a case, Young v. United Parcel Service, that may help clarify the answer to this question. The...more

Employee’s Failure to Participate in Interactive Process Dooms ADA Claim

A diabetic employee who quit her job in response to her employer’s rejection of her suggested “reasonable accommodation” cannot support claims under the Americans with Disabilities Act (ADA), according to the First Circuit...more

Justice Department Settlement Casts Doubt on Mandatory Medical Leave - Universities Should Be Well Trained in ADA Compliance and...

On Jan. 12, 2015, the U.S. Department of Justice announced a settlement with Quinnipiac University, a private institution located in Connecticut, to resolve allegations that the university violated the Americans with...more

Does the Pregnancy Discrimination Act Require Employers to Provide Light Duty Accommodations to Pregnant Employees?

Thirty-five years ago, the Pregnancy Discrimination Act (“PDA”) established that it is unlawful for employers with fifteen or more employees to discriminate against pregnant workers “because of or on the basis of pregnancy,...more

EZEFLOW USA, Inc. Will Pay $65,000 to Settle EEOC Disability Discrimination Lawsuit

Pipe Fittings Manufacturer Fired Disabled Veteran Instead of Providing a Reasonable Accommodation, Federal Agency Said - PITTSBURGH - EZEFLOW USA, a pipe fitting manufacturer located in New Castle, Pa., will pay...more

Quirky Question #249, Rebirth of Pregnancy Discrimination?

Question: I work in Human Resources at a mid-size Minnesota company and am working on an HR resource related to workplace accommodations. I am relatively familiar with the Americans with Disabilities Act, but am...more

First Circuit Confirms Importance of Good Faith Interactive Process

The First Circuit Court of Appeals has given us yet another case demonstrating the importance of not only engaging in the interactive process, but doing so in good faith....more

The need for actual medical evidence in disability cases

Employers frequently call with concerns about employees who self disclose an alleged disabling condition that is not readily apparent, and who claim substantial limitations as a result. The employer’s concerns center on when...more

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