News & Analysis as of

Disability

IMGMA Q/A: Service Animals

...Under the Americans with Disabilities Act (ADA), “Service Animals” are defined as dogs that are individually trained to do work or perform tasks for people with disabilities. This means the dog must be trained to take a...more

Capstone Logistics to Pay $50,000 To Settle EEOC Disability Discrimination Suit

Company Refused to Hire Qualified Applicant Because He Is Deaf, Federal Agency Said - BALTIMORE -- Capstone Logistics LLC, a Norcross, Ga.-based manufacturing and distribution company, will pay $50,000 and provide...more

Can We Fix It? Eighth Circuit Answers: Yes, We Can!

by Jackson Lewis P.C. on

ADA Title III claims have become a trap for many unsuspecting businesses. The claims often lead to protracted litigation driven by attorney fees rather than the underlying issue. A recent decision from the U.S. Court of...more

The Americans with Disabilities Act: A Brief Primer on the ADA

by Dorsey & Whitney LLP on

Like Canada, the United States has federal legislation protecting employees with disabilities. While Canada has the Canadian Charter of Rights and Freedoms and the Canadian Human Rights Act, the United States has the...more

DOL’s New Disability Claims Procedures Took Effect On April 1

Plan sponsors who provide benefits based upon determinations of disability should be prepared for the new procedural rules that started governing disability claims April 1. The U.S. Department of Labor issued these procedures...more

Absence Does Not Make the Heart Grow Fonder: Texas Court Holds Attendance Issues Can Preclude Disability Claims

In Wolf v. Lowe’s Companies, Inc., No. 4:16-CV-01560 (March 13, 2018), United States District Judge Alfred H. Bennett of the Southern District of Texas granted Lowe’s motion for summary judgment on a former sales employee’s...more

New Department of Labor Disability Claim Procedure: A Trap for the Unwary

by Blank Rome LLP on

On April 1, 2018, a new Department of Labor regulation that modifies the procedures ERISA-governed plans must use to evaluate disability claims took effect....more

New and Further Disability Does Not Extend Temporary Disability Rights

In County of San Diego v. WCAB and Kyle Pike, (D072648, filed 3/6/18), the California Court of Appeal, Fourth Appellate District, rejected Applicant’s claim that temporary disability benefits are payable more than five years...more

Alert: New Disability Claims Procedures Not an April Fools’ Joke; Changes to ERISA Regulations Applicable April 1

by Cooley LLP on

Earlier this year the US Department of Labor ("DOL") announced that regulations specifying new procedural requirements for administration of disability benefits claims under plans that are subject to the Employee Retirement...more

District Court Says No Standing for Website ADA Claim Against Credit Union

by Weiner Brodsky Kider PC on

The U.S. District Court for the Eastern District of Virginia recently held that a disabled plaintiff did not have standing to challenge the accessibility of a credit union’s website under the ADA because he was not eligible...more

California Employer Win – Multiple Month Leave Without Finite Return Date Is Not a Reasonable Accommodation

by Hinshaw & Culbertson LLP on

A recent Southern District of California court decision provides California employers with additional guidance on what constitutes a reasonable accommodation....more

Mine Rite Technologies to Pay $75,000 To Settle EEOC Disability Suit

Wyoming Manufacturing Company Supervisor Mocked Veteran With PTSD, Forcing Him to Quit, Federal Agency Charged - PHOENIX - Mine Rite Technologies, LLC, a Buffalo, Wyo.-based manufacturing company, will pay $75,000 and...more

Will Your Plan Have To Follow The New Disability Claims Procedures On April 1?

by Husch Blackwell LLP on

U.S. Department of Labor final regulations for disability claims under the Employee Retirement Income Security Act (ERISA) plans become effective on April 1, 2018. Plan sponsors should do two things: (1) review plans that...more

What Does Your Plan Say? Disability Claims Procedures Changing on April 1, 2018

Effective for any claims made on or after April 1, 2018, the decision to grant or deny benefits under an ERISA-covered plan will be governed by new rules. Since insured plans are subject to the claims procedures set forth...more

No More Delays for Revised Disability Claims Regulations

by Locke Lord LLP on

Effective April 1, 2018, the changes to the Department of Labor’s disability claims regulations will finally go into effect, providing participants with a more full and fair review of disability benefit claims that is more in...more

Beware of those plan document restatement requests

by Ary Rosenbaum on

Every 6 years or so, the Internal Revenue Service (IRS) requests that retirement plan documents be restated to comply with current law. While it’s a great thing for ERISA attorneys and third-party administrators, it’s not so...more

Working Wise: Accommodating an Employee's Disability through Leaves of Absence

by K&L Gates LLP on

In this episode, we highlight the challenges of accommodating an employee's disability through leaves of absence. The podcast covers the background of the Americans with Disabilities Act, how leave can be a reasonable...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

Employment Law - March 2018

AGs Urge Legislation Ending Arbitration for Sexual Harassment Claims - Why it matters - In a letter to congressional leadership, the attorneys general of all 50 states, the District of Columbia and five territories...more

Action Needed by Certain ERISA Plans – New Disability Claims Procedures Apply Beginning April 2018

by Bass, Berry & Sims PLC on

In January 2018, the U.S. Department of Labor (DOL) announced that final regulations affecting how some ERISA plans process claims and appeals will apply beginning April 1, 2018. As explained below, the final regulations...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

Obesity as a Disabling Condition in Wisconsin?

by Ruder Ware on

A recent decision from the State of California has held that obesity is considered a protected disability under California law if the condition of obesity is caused by a psychological condition. This gave me pause to wonder...more

Are There Exemptions To The FHA’s Design And Construction Requirements For New Multifamily Housing?

by Fox Rothschild LLP on

A Fair Housing Defense blog reader asked me for some guidance on the design and construction requirement for new apartment communities (and if there are exceptions to these requirements). While this is a topic that is better...more

ERISA: Using the 24 Month Mental/Nervous Limitation to Win Claims Alleging Physical Disability

What happens when a claimant asserts totally disability… caused by subjective physical pain and mental illness? For example, sometimes claimants allege total disability from the combined conditions of subjective pain...more

Plan Participant Waived Remedy for Untimely Benefits Determination

The Seventh Circuit rejected a disability plan participant’s argument that an untimely decision denying his claim for long-term disability benefits warranted changing the standard of review from arbitrary and capricious to de...more

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