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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 -

Title III Notice and Cure Bill Passes Initial Legislative Hurdle

The House of Representatives passed a bill on February 15, 2018, that requires Americans with Disabilities Act (ADA) Title III plaintiffs to provide businesses with notice and an opportunity to cure any barriers before filing...more

Weekly Update Newsletter - February 2018 #3

by PilieroMazza PLLC on

GOVERNMENT CONTRACTS - 81 Firms Land Spots on $15B GSA Alliant 2 Small Business GWAC - According to an article on govconwire.com, the General Services Administration has awarded 81 companies spots on the small business...more

Firefighter loses lawsuit over confidentiality provisions of ADA

by McAfee & Taft on

In an opinion handed down on February 7, 2018, the federal court of appeals that applies to Oklahoma ruled in favor of an employer in a lawsuit over the confidentiality provisions of the Americans with Disabilities Act (ADA)....more

House Passes Bill To Amend Title III Of The ADA In Attempt To Curb Drive-By Lawsuits

by Seyfarth Shaw LLP on

Seyfarth Synopsis: HR 620 requires potential plaintiffs to provide businesses with notice of architectural barriers and give them an opportunity to remove them before filing suit. ...more

House Votes To Amend The ADA To Provide Businesses With Notice And Cure Period

by Fox Rothschild LLP on

ADA reform finally may be on the horizon. On February 15, 2018 the U.S. House of Representatives passed legislation known as the ADA Education and Reform Act (H.R. 620), that would curb the rampant abuse of Title III of the...more

Signature Industrial Services Sued By EEOC for Disability Discrimination

Petro-Chemical Contractor Fired Three Brothers Because of Their Blood Disorder, Federal Agency Charges - HOUSTON - Signature Industrial Services, LLC (SIS) unlawfully fired three laborers - all of whom were brothers -...more

Have a Seat on the Couch -- Employers Can Require Mental Health Exams (Under the Right Conditions)

Mental illness in the United States’ adult population is on the rise. In fact, an estimated 8.3 million – roughly 3.4 percent of the population – suffer from serious psychological distress, which is generally defined as a...more

“I Need to Work from Home” — Telecommuting May Be Your ADA Reasonable Accommodation Alternative

Does the Americans with Disabilities Act (ADA) require you to allow telecommuting? If the employee’s job, like most jobs, involves attendance and teamwork as essential functions, the answer is likely no. However, more and...more

2018 Benefits Grab Bag - Tax Reform, Bipartisan Budget Act and Other Items

by Winstead PC on

Even though the Tax Cuts and Jobs Act made some changes to how the Internal Revenue Service (the “Service”) is to adjust retirement plan contribution limits late last year, the Service confirmed that the limits on retirement...more

NYC Human Rights Law and Employers' Requirements for "Cooperative Dialogue"

by Harris Beach PLLC on

A recent amendment to the New York City Human Rights Law (“NYCHRL”) reaffirms that employers must engage in a “cooperative dialogue” with employees who request a “reasonable accommodation.” While this obligation has been...more

Employment Law - February 2018

Supreme Court Hits Pause on State Statutes of Limitation - Why it matters - Weighing in on the definition of “tolled,” the Supreme Court declared the time limit on state claims stops while federal claims are pending....more

Another Severance Agreement Bites the Dust: EEOC Continues Its Campaign against Provisions that Preclude Talking to the Government

Ever wonder why the severance agreement that I (or your other favorite employment lawyer) send you says “nothing in this Agreement prevents Employee from filing a charge with the EEOC” (or words to that effect)? I mean, isn’t...more

Retail and Consumer Products Law Roundup - February 2018

DOJ Expands Opioid Enforcement Efforts Using Data Analytics - On Jan. 30, 2018, Attorney General Jeff Sessions announced that over the next 45 days, as part of its continued increase in opioid-related enforcement, the Drug...more

Coleman Company and EEOC Reach Agreement To Resolve Discrimination Charge And Revise Settlement Agreements

DENVER - The U.S. Equal Employment Opportunity Commission (EEOC) and The Coleman Company, Inc. have reached a voluntary conciliation agreement to resolve allegations of disability discrimination raised by a former employee,...more

Employer’s Ultimatum Supports Employee’s ADA Failure To Accommodate Claim

by Jackson Lewis P.C. on

The United States District Court for the Southern District of Alabama in McClain v. Tenax Corp. recently denied in part an employer’s motion for summary judgment on a disabled employee’s failure to accommodate claim under the...more

Implementation of Endrew F. Case: What Should Teams Be Thinking About?

by Barley Snyder on

In one of the most significant special education decisions issued since the reauthorization of the Individuals with Disabilities Education Act (IDEA) in 2004, the U.S. Supreme Court unanimously held that the IDEA requires a...more

Medical Residency Program Demonstrates Importance Of Documenting And Consistently Applying Job Requirements

by Jackson Lewis P.C. on

In Rodrigo v. Carle Foundation Hospital, No.16-1403 (7th Cir.), plaintiff was a medical resident in a three-year residency program (the “Program”). In addition to completing certain rotations and passing parts one and two of...more

Q&A with Paula Williams: Pregnancy-related claims remain EEOC priority

by GableGotwals on

Pregnancy-related claims remain a priority for the EEOC - Q: What is the position of the Equal Employment Opportunity Commission (EEOC) on pregnancy-related discrimination? A: The EEOC continues to prioritize pregnancy...more

Employee Benefits Developments - January 2018

by Hodgson Russ LLP on

The Employee Benefits practice group is pleased to present the Benefits Developments Newsletter for the month of January 2018. ...more

Obese Employees May Be Protected Under FEHA

In December 2017, the California Court of Appeal published a decision confirming obesity is a protected disability in California if it has a physiological cause. In Cornell v. Berkeley Tennis Club, 18 Cal. App. 5th 908...more

EEOC Sues West Meade Place, LLP For Disability Discrimination

Company Fired Employee Because of Her Anxiety Disorder, Federal Agency Charges - NASHVILLE, Tenn. - Tennessee-based West Meade Place LLP, doing business as The HealthCare Center at West Meade Place, violated federal law...more

Kentucky Fried Chicken Franchise to Pay $30,000 To Settle EEOC Disability Discrimination Suit

Restaurant Owner Fired Employee for Taking Prescribed Medications for Bipolar Disorder, Federal Agency Charged - ATLANTA - Hester Foods, Inc., the operator of a Kentucky Fried Chicken restaurant in Dublin, Ga., will pay...more

The Cheesecake Factory to Pay $15,000 To Settle EEOC Disability Discrimination Suit

Federal Agency Says Restaurant Changes That Result From Suit Will Benefit Deaf Employees - SEATTLE - The Cheesecake Factory and its wholly owned subsidiary will pay $15,000 and implement changes to settle a federal...more

ADA Title III Lawsuits Increase by 14% Percent in 2017 Due Largely to Website Access Lawsuits; Physical Accessibility Legislative...

by Seyfarth Shaw LLP on

Seyfarth Synopsis: The number of federal ADA Title III lawsuits continue to surge in 2017, fueled largely by website accessibility claims; while legislative reform efforts continue to mitigate the physical accessibility...more

Wellness Program Uncertainty Continues

by Hodgson Russ LLP on

The US District Court for the District of Columbia recently ruled to vacate the Equal Employment Opportunity Commission (EEOC) wellness program regulations effective January 1, 2019. In August 2017, the same court ruled that...more

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