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Disability

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

Supreme Court to Determine Whether Retirees Can Claim Disability Discrimination in Benefits

The Supreme Court of the United States has agreed to hear a case that will decide whether retirees can sue for disability discrimination because of changes to retiree benefit plans....more

Parker Poe Adams & Bernstein LLP

Third Circuit Says Temporary Impairment Qualifies as ADA Disability

Last month, we reported on a decision from the Sixth Circuit Court of Appeals (which includes Tennessee) concluding that an employee’s asthma did not constitute a protected disability under the Americans with Disabilities...more

Genova Burns LLC

Reminder To Employers: Even Temporary Impairments Can Be A Disability Under The Law

Genova Burns LLC on

Last week’s decision by the Third Circuit Court of Appeals, Morgan v. Allison Crane & Rigging LLC, stands as a reminder to employers to exercise caution in how they navigate accommodating employees with temporary medical...more

Saul Ewing LLP

The Friday Five: Five ERISA Litigation Highlights - September 2024

Saul Ewing LLP on

This month’s Friday Five discusses cases addressing the effect of continuing to receive benefits during the period of alleged disability, reliance on an employer’s records in making a disability determination, the...more

Parker Poe Adams & Bernstein LLP

Split Sixth Circuit Panel Says Asthma Not a Protected ADA Disability

In 2008, Congress amended the Americans with Disabilities Act to expand the definition of medical conditions that qualify for protections under that statute. The amendments resulted from a number of federal court decisions...more

Littler

Awareness to Action: The Progress and Future of UK Disability Laws

Littler on

Following Disability Pride Month, we look to the past, present and future to examine how rights for people with disabilities in the workplace have developed in the UK and could develop further, before giving some practical...more

Epstein Becker & Green

A New Prescription for Access: The Department of Justice Celebrates Anniversary of the ADA by Finally Issuing Title II Medical...

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To honor the 34th anniversary of the Americans with Disabilities Act (ADA), on July 26, 2024, the U.S. Department of Justice (DOJ) signed a long-awaited final rule to improve access to medical diagnostic equipment (MDE) for...more

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

Eighth Circuit Chips Away at ‘Honest Belief’ Defense and Creates ‘Intertwinement Test’ for Disability Discrimination Cases

On July 1, 2024, in Huber v. Westar Foods, Inc., in a 2–1 decision, the Eighth Circuit Court of Appeals departed from the “honest belief” defense recognized by the First, Second, Fourth, Fifth, and Seventh Circuits (and U.S....more

Chambliss, Bahner & Stophel, P.C.

Impairment-Related Work Expenses and Disability Benefits

Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI) are two federal disability benefits programs that provide monetary assistance for people with disabilities. Both programs allow recipients who...more

Hanzo

Disability Pride Month: A Commitment to Inclusion and Equality

Hanzo on

As we celebrate Disability Pride Month this July, it’s essential to reflect on the purpose and significance of this important observance. Disability Pride Month is a time to honor the achievements, history, and contributions...more

Laughlin, Falbo, Levy & Moresi LLP

WCAB Issues En Banc Decision Providing New Guidelines on Combination of Impairments Via Kite

The WCAB has issued a rare en banc decision providing guidance on the applicant’s burden of proof in rebutting the use of the “Combined Values Chart” (CVC) when combining impairments pursuant to the Kite decision. The WCAB...more

Woods Rogers

What's the Tea in L&E? Injury or Disability: What's the Difference?

Woods Rogers on

What’s the Tea in L&E is a video series focused on the latest trends and updates in labor and employment law. Warmer weather and frequent outdoor activities often result in increased injuries. In this short video, Woods...more

Saul Ewing LLP

The Friday Five: Five ERISA Litigation Highlights - June 2024

Saul Ewing LLP on

This month’s Friday Five explores recent decisions with issues spanning physician power of attorney to preexisting exclusions and the fiduciary duty of an insurance company....more

Marshall Dennehey

Act 111 is Not an Unconstitutional Special Law Regulating Labor, and an IRE Physician’s Evaluation is Competent to Support a...

Marshall Dennehey on

Stephen Conrad v. Department of Transportation (WCAB); No. 557 C.D. 2022; filed Feb. 26, 2024; Judge McCullough - The claimant underwent an Impairment Rating Evaluation (IRE) on September 20, 2011, following a July 5, 2005,...more

BCLP

UK HR Two-Minute Monthly: May 2024

BCLP on

Our May update includes a case on whistleblowing where the claimant’s belief in the disclosures was questioned along with whether decision makers who knew little or nothing about the disclosures could be blamed for those who...more

Lathrop GPM

EEOC Issues Enforcement Guidance on Harassment in the Workplace

Lathrop GPM on

At the end of April 2024, the U.S. Equal Employment Opportunity Commission (EEOC) published its final guidance on harassment in the workplace, “Enforcement Guidance on Harassment in the Workplace” (“Guidance”). The Guidance...more

Parker Poe Adams & Bernstein LLP

Employee Who Objected to COVID Mask Policy Not Regarded as Disabled Under ADA

Disputes between employees and employers over COVID-19-era vaccination and masking policies continue to work their way through the legal system. Earlier this month, the Eleventh Circuit Court of Appeals (which includes...more

Carlton Fields

Litigation Lineup: Recent Decisions in Life and Disability Insurance Run into Policy Lapse, COVID-19, and Conflict of Interest...

Carlton Fields on

Life Policy Lapse Shortly Before Insured’s Death - In Simon v. USAA Life Insurance Co. (Mar. 29, 2024), the insurer denied death benefits under a term life insurance policy, which had lapsed for nonpayment of premium two...more

DirectEmployers Association

OFCCP Week in Review Special Edition | DEAMcon24 Day Three Recap

The following is Part 3 of a 3-Part series reporting on the 26 presentations at the DirectEmployers (“DE”) Annual Meeting & Conference (DEAMcon24) of Members and the public. DE  published the first installment on Monday,...more

Weber Gallagher Simpson Stapleton Fires &...

New York Workers' Compensation Ruling Roundup - March 2024

On March 21, the 3rd Department delivered four new rulings. Learn more below. Kaminski v. Integrated Structures, CV-22-2295 (3rd Dept. 3/21/24) - The Appellate Division affirmed the Board’s decision to deny a carrier’s 2nd...more

DirectEmployers Association

OFCCP Week In Review: March 2024 #4

Wednesday, March 19, 2024: 2023 EEO-1 Component 1 Instruction Booklet Posted - As promised, the U.S. Equal Employment Opportunity Commission (“EEOC”) posted the 2023 EEO-1 Component 1 Instruction Booklet (“Instruction...more

Morgan Lewis

Observance of Rights of Persons with Disabilities by Legal Entities in Accordance with the Laws of the Republic of Kazakhstan

Morgan Lewis on

The work on creating equal opportunities for persons with disabilities is underway at the legislative level in Kazakhstan, including the development of the draft law On Amending Certain Legislative Acts of the Republic of...more

Bradley Arant Boult Cummings LLP

Get Interactive! Searching for ADA Accommodations with Employees

The Americans with Disabilities Act (ADA) requires covered employers to provide reasonable accommodations for employees with disabilities. To help determine effective accommodations, employers should use an “interactive...more

Saul Ewing LLP

The Friday Five: Five ERISA Litigation Highlights - March 2024

Saul Ewing LLP on

This month’s Friday Five covers cases relating to an alleged conflict of interest leading to discovery, two courts’ opposite treatments of subjective pain complaints, a decision that claims of fraud and misrepresentation were...more

Sands Anderson PC

(Un)reasonable Accommodations: 3 Takeaways From the Fourth Circuit’s Tartaro-McGowan Decision

Sands Anderson PC on

The Fourth Circuit has handed down a decision that provides helpful guidance to employers seeking to provide reasonable accommodations in compliance with the Americans with Disabilities Act (ADA)....more

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