News & Analysis as of

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 -

ADA Website Accessibility Lawsuits on the Rise: Companies Should Review Their Potential Exposure

by Blank Rome LLP on

With the recent spike in website accessibility lawsuits, companies should review their websites for compliance with the Americans with Disabilities Act (“ADA”) in order to avoid litigation and should consider taking steps to...more

Macy’s To Pay $75,000 To Settle EEOC Disability Discrimination Lawsuit

Retailer Refused to Excuse Asthmatic Employee's One-Day Absence and Fired Her, Federal Agency Charged - CHICAGO - Macy's will pay a former long-term employee $75,000 to settle a disability discrimination lawsuit filed by...more

Pruitthealth Sued by EEOC For Pregnancy Discrimination

Raleigh Nursing and Rehabilitation Center Refused to Accommodate Pregnant Nursing Assistant and Forced Resignation, Federal Agency Charges - RALEIGH, N.C. - PruittHealth-Raleigh, LLC, a Georgia corporation doing business...more

Mariah Carey Won’t Let Bipolar Diagnosis “Define” or “Control” Her

by FordHarrison on

Mariah Carey, known as an iconic singer-songwriter and a dramatic diva, disclosed to People magazine last week that she has bipolar disorder. Although she was first diagnosed in 2001, Carey says she finally sought treatment...more

Retail and Consumer Products Law Roundup - April 2018

New Guidance From SEC, New York’s DFS - Hoping to help covered entities, the Securities and Exchange Commission (SEC) released an update on cybersecurity while New York’s Department of Financial Services (DFS) published...more

Navigating The Circuit Split Over Reasonable ADA Leave

by Carlton Fields on

The U.S. Supreme Court will not resolve a circuit split on the length of leave an employer may be required to give to an employee as a reasonable accommodation under the Americans with Disabilities Act. Originally...more

Supreme Court Declines Review of Seventh Circuit ADA Leave Decision

Last year, we reported a Seventh Circuit Court of Appeals decision establishing a rule that leave of more than a few weeks in duration falls outside employers’ reasonable accommodation obligations under the Americans with...more

Beyond Title III: Website Accessibility Lawsuits Filed Alleging Inaccessible Online Employment Applications

by Seyfarth Shaw LLP on

Seyfarth Synopsis: Plaintiffs who pursued numerous web accessibility actions under Title III of the ADA are now using website accessibility to test the limits of a different area of law – employment law – California’s Fair...more

Employer Refusals to Accommodate Long Term ADA Leave Requests Find Growing Support

by Poyner Spruill LLP on

The Supreme Court declined to hear an appeal of the Seventh Circuit Court of Appeals’ ruling in Severson v. Heartland Woodcraft, Inc., leaving in place dismissal of an employee’s Americans with Disabilities Act (“ADA”)...more

Employers Left in the Dark After U.S. Supreme Court Declines to Issue Ruling on Long Term Leave as a Reasonable Accommodation...

Last week, the U.S. Supreme Court declined to review a decision by the Seventh Circuit Court of Appeals holding that a multi-month leave of absence is beyond the scope of a reasonable accommodation under the Americans with...more

IMGMA Q/A: Service Animals

...Under the Americans with Disabilities Act (ADA), “Service Animals” are defined as dogs that are individually trained to do work or perform tasks for people with disabilities. This means the dog must be trained to take a...more

Aviation Happenings - Spring 2018 - Part B

SDNY Holds That Limitations Period in Article 35 of the Montreal Convention Does Not Apply to Claims for Contribution and Indemnification - Article 35 of the Montreal Convention provides that “[t]he right to damages shall...more

The Dangers of Misunderstanding “Pregnancy Accommodation”

by Miller & Martin PLLC on

In the wake of the 2015 U.S. Supreme Court decision, Young v. UPS, many employers have gotten “way too excited” and have “way oversimplified” their duty to accommodate pregnant employees (or not!)....more

Pennsylvania Federal Court Explores the Contours of the DTSA

by Polsinelli on

Recently, the U.S. District Court for the Eastern District of Pennsylvania determined a former employee did not violate the Defend Trade Secrets Act (“DTSA”) where she disclosed confidential information of her former employer...more

Louisiana Court Upholds Discharge of Worker With a Pregnancy-Related Illness Who Violated a Company Rule

The Louisiana Court of Appeal, Fourth Circuit recently held that a pregnant employee who suffered from a pregnancy-related illness was not disabled within the scope and meaning of the Louisiana Employment Discrimination Law...more

Severson Stands: Long-Term Leaves of Absence are No Longer Reasonable Accommodations Under the ADA

by Benesch on

Management-side attorneys and their clients can breathe a sigh of relief after the Supreme Court declined to take up a challenge to the Seventh Circuit’s ruling in Severson v. Heartland Woodcraft, Inc. 872 F.3d 476 (7th Cir....more

Capstone Logistics to Pay $50,000 To Settle EEOC Disability Discrimination Suit

Company Refused to Hire Qualified Applicant Because He Is Deaf, Federal Agency Said - BALTIMORE -- Capstone Logistics LLC, a Norcross, Ga.-based manufacturing and distribution company, will pay $50,000 and provide...more

District Court Grants Protection under DTSA Whistleblower Immunity for First Time

The Eastern District of Pennsylvania recently granted immunity under the whistleblower provision of the Defend Trade Secret Act in what appears to be the first decision of its kind under the new federal trade secret statute....more

Can We Fix It? Eighth Circuit Answers: Yes, We Can!

by Jackson Lewis P.C. on

ADA Title III claims have become a trap for many unsuspecting businesses. The claims often lead to protracted litigation driven by attorney fees rather than the underlying issue. A recent decision from the U.S. Court of...more

MA Pregnant Workers Fairness Act: Part II

Now that the Massachusetts Pregnant Workers Fairness Act (PWFA) went into effect April 1, 2018, it is time for employers to confirm that they are taking steps to ensure compliance with the PWFA....more

The Americans with Disabilities Act: A Brief Primer on the ADA

by Dorsey & Whitney LLP on

Like Canada, the United States has federal legislation protecting employees with disabilities. While Canada has the Canadian Charter of Rights and Freedoms and the Canadian Human Rights Act, the United States has the...more

Employment Law - April 2018

Inability to Work Overtime Dooms ADA Lawsuit - Why it matters - Where overtime was an essential job function, the inability to work the extra hours doomed a plaintiff’s Americans with Disabilities Act (ADA) lawsuit, a...more

So What’s it Going to Cost Me?

by Foley & Lardner LLP on

When faced with an employment discrimination, harassment or retaliation claim, often the immediate response is, “We are going to defend ourselves and prove we are right,” followed by, “So what will it cost us if we lose?”...more

Absence Does Not Make the Heart Grow Fonder: Texas Court Holds Attendance Issues Can Preclude Disability Claims

In Wolf v. Lowe’s Companies, Inc., No. 4:16-CV-01560 (March 13, 2018), United States District Judge Alfred H. Bennett of the Southern District of Texas granted Lowe’s motion for summary judgment on a former sales employee’s...more

EEOC Sues Merritt Hospitality, HEI Hotels And Resorts LLC For Disability Discrimination

Company Failed to Provide Ventilated Space for Employee With Asthma, Federal Agency Charges - SAN DIEGO - Merritt Hospitality, LLC and HEI Hotels and Resorts LLC, who together operate the Embassy Suites San Diego Bay, a...more

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