News & Analysis as of

Americans with Disabilities Act (ADA) Disability Benefits

Fox Rothschild LLP

DOL Announces Proposed Rule to Phase Out Subminimum Wage for Workers With Disabilities

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The Department of Labor (DOL) announced a proposed rule that would phase out the ability of employers to pay employees with disabilities less than the federal minimum wage. Currently, under section 14(c) of the Fair Labor...more

Cranfill Sumner LLP

[Virtual Seminar] Workers’ Compensation & Civil Litigation Law Updates - September 29th, 9:00 am - 4:00 pm EDT

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Register Today For Cranfill Sumner’s 2021 Virtual Continuing Education Seminar: Workers’ Compensation & Civil Litigation Law Updates...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

First Circuit Rules Inconsistent SSDI Statements Doom ADA Claim

In Pena v. Honeywell International, Inc., issued on July 22, 2019, the U.S. Court of Appeals for the First Circuit denied a former employee’s petition for rehearing en banc of the court’s April 26, 2019, decision addressing...more

Seyfarth Shaw LLP

District Court Clarifies That “Disability” Requiring Workplace Accommodation Does Not Entitle Plaintiff to Disability Benefits

Seyfarth Shaw LLP on

Seyfarth Synopsis: A recent case from the Western District of North Carolina contains a helpful example of how the standards applicable to an employee’s request for accommodation of a disability differ from those for...more

Pullman & Comley - Labor, Employment and...

Is a Broken Arm a Disability?

In Connecticut, employees with disabilities are protected from discrimination by both the federal Americans with Disabilities Act (“ADA”) and by the Connecticut Fair Employment Practices Act (“CFEPA”). Some disabilities are...more

Foley & Lardner LLP

As If Leave Laws Aren’t Complicated Enough – Don’t Forget That Leave Can Be a Reasonable Accommodation

Foley & Lardner LLP on

The myriad of leave laws and requirements often make employee leave requests an area of confusion, concern and risk for employers. If an employee has a medical condition and must take leave from their job, there may be...more

Burr & Forman

SC court awards Lowe's employee workers' comp disability benefits

Burr & Forman on

Employee disabilities are becoming a common issue that employers must address. Short- and long-term disability plans employers often make available to employees, the Americans with Disabilities Act (ADA), and the varying...more

Parker Poe Adams & Bernstein LLP

Mandatory Disclosure of Prescription Drug Use May Violate ADA

When an employee tests positive for illegal drug use or self-discloses such use, many employers condition return to work on the employee’s participation in a substance abuse treatment program. These programs can include drug...more

Ballard Spahr LLP

Health Care Reform in Transition While Congress Deliberates

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Changes are imminent for the Affordable Care Act and a range of other laws and regulations affecting the health care industry. Ballard Spahr attorneys established a Health Care Reform Initiative in 2008 to monitor and analyze...more

McAfee & Taft

No medical report means no accommodation

McAfee & Taft on

Although the Army Ammunition Depot is located in McAlester, it was a Muskogee federal court that upheld an employer’s right to require adequate medical support before granting an employee’s request their job be modified on...more

Bradley Arant Boult Cummings LLP

3 real world examples of pregnancy challenges in the workplace

Question 1: After recovery from child birth, if an employer provides an additional four weeks of leave time (paid or unpaid) for a female employee for parenting or bonding time with the child, must the employer treat...more

Perkins Coie

Additional Leave May Be Required Under ADA Even if Maximum Leave Is Exhausted

Perkins Coie on

In Casteel v. Charter Communications, Inc., No. C13-5520 RJB (W.D. Wash. Oct. 23, 2014), a federal judge in Western Washington denied an employer’s motion for summary judgment on a failure-to-accommodate claim under the...more

Littler

Tenth Circuit Says a Leave of Absence of More than Six Months Is Virtually Never a Required Accommodation

Littler on

“[R]easonable accommodations…are all about enabling employees to work, not to not work.” This fundamental insight guides the recent decision by the U.S. Court of Appeals for the Tenth Circuit, holding that a six-month,...more

Proskauer - Government Contractor Compliance...

Release of New Disability and Veterans Regulations Appears Imminent

The Office of Federal Contract Compliance Programs (OFCCP) has extended the projected date for the release of final rules regarding federal contractors’ affirmative action and nondiscrimination obligations for individuals...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Disabled Employee Unable to Perform Essential Functions of Job Despite Accommodation

In an unpublished opinion, the Sixth Circuit Court of Appeals recently held that an employee who was unable to complete the functions of her job while on part-time duty could not subsequently claim that ongoing part-time work...more

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