News & Analysis as of

Disability Discrimination

California Employment Law Notes - March 2018

Former LA Times Columnist's Age/Disability Discrimination Judgment Upheld, New Trial On Damages Ordered - Simers v. Los Angeles Times Commc'ns, LLC, 18 Cal. App. 5th 1248 (2018) - T.J. Simers, a well-known sports...more

Beyond Dexter the Peacock

by LeClairRyan on

When United Airlines barred a woman from bringing “Dexter the emotional support peacock” on a flight from Newark to Los Angeles earlier this year, the story made national news and went viral on social media. It is easy to...more

No Relief in Sight from Website Accessibility Lawsuits

by Goulston & Storrs PC on

In February 2017, we reported on a surge in website accessibility lawsuits brought under the Americans with Disabilities Act (“ADA”). This litigation trend has accelerated over the past year and shows no signs of slowing...more

A Global Perspective On The Future Of Wearable Technology

by Seyfarth Shaw LLP on

Seyfarth Synopsis: The global market for wearable devices continues to grow and has been embraced not only by consumers but organizations as well. Wearables use in the workplace is here to stay, but employers should consider...more

Timing Is Everything When Firing Someone

by Shipman & Goodwin LLP on

A recent decision from a federal court in Connecticut serves as a reminder of something you will likely hear whenever you consult a lawyer about the possibility of terminating an employee. Has the employee recently engaged in...more

FLSA Implications When Telecommuting Due To Illness

by Pepper Hamilton LLP on

Q: I received an email from an employee stating that he is sick, but will be working from home. Should I allow my employee to work remotely while sick? What are the FLSA implications of allowing an employee to work from...more

Donations Not Accepted – ADA Does Not Require Continued Use Of Leave Donation Program

by Jackson Lewis P.C. on

Many employers have programs allowing employees to donate their own time off to another employee with serious medical or family issues. A dilemma often faced by employers with these policies is whether continued use of such...more

Employees Are ALSO Required To Engage In The Interactive Process Under The ADA

by Seyfarth Shaw LLP on

Seyfarth Synopsis: Employee committed to taking opioids loses his job and his disability discrimination lawsuit because he refused to consider alternative pain management. ...more

Your School Could Be One Click Away From A Lawsuit

by Fisher Phillips on

The education industry continues to be at the forefront when it comes to using emerging technology and digital marketing. For most schools, their website functions as the new reception area (albeit virtual), where both...more

Legal Perspective: Legally Managing Mental Health Disabilities in the Workplace

by GableGotwals on

Every workplace should be prepared to handle mental health disabilities, as studies estimate 1 in 4 American adults suffer a mental health impairment. Originally published in Tulsa Business & Legal News - February 28th,...more

Obesity as Perceived Disability

by Ruder Ware on

I recently did a blog about obesity as a disability under the Wisconsin Fair Employment Act. I concluded that the condition of obesity did not automatically constitute a disability although courts could find that an employer...more

ABM Aviation Sued by EEOC For Disability Discrimination

Employee Denied Reasonable Accommodation and Discharged Due to Medical Restrictions, Federal Agency Charged - ATLANTA - ABM Aviation, Inc., formerly Air Serv Corporation, an aviation industry cleaning and services...more

Three Proactive Steps Hotel Operators Can Take to Mitigate ADA Financial Risks

While federal lawsuits alleging violations of the Americans with Disabilities Act are not new, recent news coverage of current and ongoing lawsuits underscore that major hotel flags are particularly attractive targets for...more

A Potential P[l]ot Twist For Medical Marijuana And The ADA

by Seyfarth Shaw LLP on

Seyfarth Synopsis: A recently-filed lawsuit in the federal district court in Arizona alleges that an employee’s use of medical marijuana may be permissible under the federal Americans With Disabilities Act (ADA). Although the...more

ADA Suit Against Blooms

Demonstrating the minefield facing online retailers, the U.S. District Court, District of Massachusetts refused to dismiss an Americans with Disabilities Act (ADA) accessibility suit filed against

Public Accommodation of Service Animals and Emotional Support Animals

by FordHarrison on

Title III of the Americans with Disabilities Act (ADA) prohibits disability discrimination in places of public accommodation, which includes businesses that are open to the public – like shopping malls, restaurants, movie...more

Continued Focus On Disability, Leave Management Issues In 2018

by Jackson Lewis P.C. on

With the New Year fading from view in the rearview mirror and spring on the horizon (at least for those of us in the Midwest), there are several signs that disability and leave management issues will continue to be hot topics...more

Reasonable Accommodation Can Be a Matter Of Opinion

by Shipman & Goodwin LLP on

When employers consider whether or not to make an adjustment in job duties or work schedule in order to accommodate an employee with a disability, the question is complicated by the fact that the answer may depend on an...more

Employee’s Failure To Engage In Interactive Process To Address His Use Of Opioids Dooms His ADA Claims

by Jackson Lewis P.C. on

An employee who refused to stop using morphine and would not engage in the interactive process with his employer could not survive summary judgment on his disability discrimination and retaliation claims under the Americans...more

“A Telecommute Dispute” – What Is A Reasonable Accommodation Under The ADA?

by Seyfarth Shaw LLP on

Seyfarth Synopsis: The Sixth Circuit Court of Appeals recently held that telecommuting can be a reasonable accommodation under the ADA when the employee is able to perform the essential functions of the position remotely and...more

Key California Employment Law Cases: January 2018

by Payne & Fears on

This month’s key California employment law cases both involve jury trials of discrimination claims, and the extent to which the plaintiffs were able to recover attorney’s fees and damages....more

A New ADA on the Horizon? The House Says Yes.

by LeClairRyan on

On February 15, the House in a 225 to 192 vote passed legislation to amend the Americans with Disabilities Act. The ADA Education and Reform Act (H.R.620) would require plaintiffs hoping to sue businesses in federal court to...more

House Bill Would Limit Drive-By Lawsuits By Amending Title III Of Americans With Disabilities Act

by Jackson Lewis P.C. on

The House of Representatives has passed the “ADA Education and Reform Act” (HR 620) with an 85-percent vote in favor of passage (including 12 Democrats). Prior to filing a lawsuit under Title III of the Americans with...more

Virginia Offers Guidance For Confirming That Medical Verifications For Emotional Support Animals Are Legitimate

by Fox Rothschild LLP on

It is clear that just about all (if not all) of the federal, state, and local fair housing agencies are dealing with the exponential growth of online medical verifications for emotional support animals (ESA’s). I have...more

Unreasonable Accommodation: What Is Undue Hardship?

by Fox Rothschild LLP on

A disabled employee asks her employer for an accommodation. After engaging in the interactive process, it becomes clear that the accommodation requested is going to be challenging. At what point can the employer say “no” to...more

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