News & Analysis as of

Americans with Disabilities Act Hiring & Firing

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 -

Ouch: EEOC Gets Summary Judgment Win Relative To Employer’s Medical Testing

by Seyfarth Shaw LLP on

Seyfarth Synopsis: In an ADA action alleging that a maker of train components discriminated against a group of applicants by regarding them as disabled, a federal district court in Illinois granted the EEOC’s partial motion...more

Impact Of Recreational Marijuana On Your Business

by SmithAmundsen LLC on

While marijuana use remains unlawful under federal law, 30 states and Washington D.C. have legalized some form of medical use. Eight states and Washington D.C. have legalized recreational marijuana for adults. More cities,...more

AccentCare to Pay $25,000 To Settle EEOC Disability Discrimination Suit

Health Care Provider Refused to Grant Employee a Reasonable Accommodation, Federal Agency Charged - DALLAS - AccentCare, Inc., a home healthcare company headquartered in Dallas, has agreed to pay $25,000 and provide other...more

Seventh Circuit: Multi-Month Leave Of Absence Not A Reasonable Accommodation Under The ADA

by Jackson Lewis P.C. on

Determining how long an employer must hold a position for an absent worker is a question that vexes Human resources Directors and Operations management. The Seventh Circuit recently ruled, in Severson v. Heartland Woodcraft,...more

“Brute Reason” or Lack of Nuance: Seventh Circuit’s Twin Holdings That a Long Term Leave is Not a Reasonable Accommodation May...

In one of his more pithy lines, Oscar Wilde wrote, “I can stand brute force, but brute reason is quite unbearable. There is something unfair about its use. It is hitting below the intellect.” Oscar Wilde, The Picture of...more

Extending Leave Was Not A Reasonable Accommodation Under The ADA Where There Was A Lack Of “Certainty” About Return To Work Date

by Jackson Lewis P.C. on

While employers generally accept that they cannot apply a maximum leave period after which employees are automatically terminated, they continue to struggle with how much leave must be provided as a form of accommodation...more

Prior Entitlement To FMLA Leave Is Not A Free Ticket To Miss Work For Non-FMLA Covered Reasons

by Jackson Lewis P.C. on

The U.S. District Court for the Middle District of Pennsylvania recently upheld an employer’s decision to terminate an employee under its policy against excessive absenteeism, in spite of the fact that the former employee had...more

Federal Court Rules in Favor of EEOC in Disability Discrimination Charge against Amsted Rail

Denying Employment Based on Carpal Tunnel Screening Found Unlawful - ST. LOUIS - A federal judge ruled in favor of the U.S. Equal Employment Opportunity Commission (EEOC) on Nov. 16 in its discrimination charge against...more

American Airlines and Envoy Air to Pay $9.8 Million to Settle EEOC Disability Suit

Airlines'Policies Discriminated Against Disabled Employees, Federal Agency Charges - PHOENIX - American Airlines and Envoy Air will pay $9.8 million in stock, which is worth over $14 million if cashed in today, and...more

Extended Leave is an Accommodation – Maybe Not

by Ruder Ware on

As the after effect of the recent Seventh Circuit Court of Appeals decision about extended leave as an accommodation continues to develop, a serious question is developing of whether an employer is obligated to give an...more

Agency Heads Discuss Changes in Regulatory Direction During Federalist Society Panel

by Littler on

The current leaders of the Department of Labor, Equal Employment Opportunity Commission, and National Labor Relations Board addressed transitions and regulatory plans at their respective agencies at a November 16 forum. ...more

Employer ADA Test Conundrum? Seventh Circuit Flip Flops on ADA Accommodation Ruling

by LeClairRyan on

The Seventh Circuit ruled that an employee’s extended medical leave request was “categorically unreasonable” under the ADA. However, what should an employer do when one of the Seventh circuit judges writes that prior decision...more

Seventh Circuit Holds That The ADA Is Still Not A Leave Statute

by Jackson Lewis P.C. on

On October 17, 2017, on the heels of its landmark decision in Severson v. Heartland Woodcraft, the Seventh Circuit affirmed summary judgment in favor of the employer in its unpublished opinion in Golden v. Indianapolis...more

Wal-Mart Manager Terminated for Alleged Drug Abuse Files ADA Disability Bias Claim

Last Monday, former Wal-Mart manager Kathryn Silva filed an ADA disability bias claim in the Middle District of Pennsylvania that alleged Wal-Mart terminated her because she refused to sign a “last chance agreement.” The...more

Employer Not Required to Provide Indefinite Leave for a Temporary Disability

Despite the Equal Employment Opportunity Commission’s more nuanced position, federal courts have generally rejected attempts by plaintiffs to claim that an indefinite leave of absence is a required reasonable accommodation...more

Phoebe Putney Hospital Sued by EEOC For Disability Discrimination

Hospital Discharged Employee Because She Requested Leave Due to Her Medical Condition, Federal Agency Charged - ATLANTA - Phoebe Putney Memorial Hospital, a regional medical center located in Albany, Ga., violated federal...more

Changing of the Leaves: EEOC Again Pushes for Additional Leave as ADA Accommodation

We have said it before — the EEOC believes that leave is a reasonable accommodation and automatic termination when FMLA leave runs out violates the Americans with Disabilities Act. Even though at least one federal court has...more

Kaiser Aluminum Settles EEOC Disability Discrimination Lawsuit

Agreement Provides $175,000 and Job Offer for Construction Worker - SPOKANE, Wash. - Kaiser Aluminum Corporation, the leading producer of fabricated aluminum products in the United States, will pay $175,000 and reinstate...more

At last! Not One, But TWO Court Decisions That Scale Back an Employee's Right to Take Additional Leave After FMLA is Exhausted

by Franczek Radelet P.C. on

There may not be an issue more difficult in HR land than how to deal with an employee who cannot return to work after FMLA leave expires. Is additional leave beyond 12 weeks required? The answer is almost always ‘yes.’ ...more

Top 5 Tips For Conducting Pre-Employment Medical Exams

by Jackson Lewis P.C. on

In a recently filed lawsuit, the U.S. Equal Employment Opportunity Commission contends that Consolidated Edison Co. (“Con Ed”) violated the Americans with Disabilities Act (“ADA”) and the Genetic Information...more

Employment Law - October 2017

Employer Bound by Oral Contract, California Appellate Court Affirms - Why it matters - Upholding an oral contract, the California Court of Appeal agreed with an employee that she should be paid a commission for certain...more

Retaliation 101

by McAfee & Taft on

A recent opinion from the U.S. Tenth Circuit Court of Appeals involving Tulsa’s American Airlines facility serves as a reminder of the kind of evidence required to establish retaliation....more

Seventh Circuit Rejects EEOC Position Holding That a "Long-Term Leave of Absence" is Not a Reasonable Accommodation

by Clark Hill PLC on

On September 20, 2017, the Seventh Circuit held a "long-term leave of absence," in addition to 12 weeks of Family Medical Leave Act (FMLA) leave, is not a reasonable accommodation under the Americans with Disabilities Act...more

6 Ways Employers Sink Their Own Ships

It’s not always the employee’s fault when things go bad for an employer. Sometimes the employer has no one to blame but itself. Here are six of the most common ways employers sink their own ships....more

Pharmacy Chain Not Required To Reasonably Accommodate Needle-Phobic Pharmacist

by Farrell Fritz, P.C. on

Trypanophobia—the fear of needles—played a significant role in a case brought against Rite Aid Pharmacy under the Americans with Disabilities Act (ADA). In Stevens v. Rite Aid Corp., the Second Circuit overturned a jury...more

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