News & Analysis as of

Disability

Department of Labor Proposes 90-Day Delay of New Disability Claims Procedures

On October 10, 2017, the Department of Labor (“DOL”) released proposed regulations that would delay for 90 days the effective date of the final disability claims procedures regulations finalized on December 19, 2016. As...more

DOL Adopts 90-Day Delay for Disability Regulations

New disability claims procedures were scheduled to go into effect on January 1, 2018. In a notice to be published in the Federal Register on October 12th, the DOL will provide for a 90-day delay to examine the burdens of the...more

ABLE accounts benefit disabled family members

For families with disabled loved ones who are potentially eligible for means-tested government benefits such as Medicaid or Supplemental Security Income, estate planning can be a challenge. One potential tool is to open a...more

US Senate Commerce Committee Marks up and Passes Autonomous Vehicles Bill

by Dentons on

The US Senate Committee on Commerce Science and Transportation (the Committee) yesterday marked up and passed bipartisan legislation, S.1885, the AV START Act, proposed by Senators John Thune (R-SD) and Gary Peters (D-MI)....more

Forced to Relay Fatal Diagnosis to Her Mother

by Faegre Baker Daniels on

A case in a Louisiana federal court addressed an unusual question: what if circumstances at a hospital require that you, rather than hospital personnel, be the one to tell your mother she has only two weeks to live? Do you...more

New York Special Needs Act Becomes Law

by Cole Schotz on

Governor Andrew Cuomo recently signed legislation which amends New York law to allow mentally-competent disabled individuals under age 65 to establish a first-party Special Needs Trust without court petition. ...more

Insight on Estate Planning - October/November 2017

In This Issue: - Social Security benefits When is the right time to begin receiving payments? - Planning ahead after a divorce - ABLE accounts benefit disabled family members - Estate planning pitfall: You chose...more

Seventh Circuit Says Extended Medical Leave Is Not A Reasonable Accommodation Under The ADA

by Fox Rothschild LLP on

On September 20, 2017, the Seventh Circuit Court of Appeals issued a decision that a requested three month medical leave due to a disability was not a reasonable accommodation under the ADA. Although there is some discussion...more

Guardianship, Mental Incapacity and the Right to Vote

All U.S. citizens have a federally guaranteed right to vote, but those under guardianship (or conservatorship) may not have that right. Although things are slowly changing, some states still deny citizens the right to vote if...more

Huntington Ingalls Sued By EEOC For Disability Discrimination

Shipyard Refused to Hire a Hearing-Impaired Pipefitter Because He Used Hearing Aids, Federal Agency Charges - NEWPORT NEWS, Va. - Newport News-based shipbuilder Huntington Ingalls Incorporated violated federal...more

ADA Compliance Challenges: Navigating The Over-Accommodation Conundrum

by Jackson Lewis P.C. on

Make no mistake about it: ADA compliance can be challenging. This is especially true when it comes to providing reasonable accommodation. Not uncommonly, managers wanting to do the right thing actually provide more than the...more

ERISA: When Bad Surgery Results Create New Disabiling Conditions: Still Excluded by the Pre-Existing Condition Exclusion?

Pre-existing condition exclusions can be difficult to apply, especially when addressing whether a new disabling condition relates back to a pre-existing condition....more

EEOC Sues Illinois Action for Children for Disability Discrimination

Employer Fired Employee with Cancer Instead of Granting Request for Medical Leave, Federal Agency Charges - CHICAGO - Illinois Action for Children fired an employee who was on leave receiving treatment for breast cancer...more

Summary Judgment Denied For Employer Who Circulated Letter About Employee’s Disability Discrimination Charge

by Seyfarth Shaw LLP on

Seyfarth Synopsis: After an employer circulated a letter to 146 employees discussing an employee’s EEOC Charge that alleged discrimination on the basis of his disability in violation of the ADA, a federal district court in...more

KB Staffing Settles Disability Discrimination Suit

Company Agreed to Change its Practices and Compensate Victims of Policy Requiring Unlawful Pre-Offer Health Questionnaire - TAMPA, Fla. - KB Staffing LLC, a staffing firm servicing central Florida, will create a class...more

DOH! Nuclear Safety Regs Trump ADA Accommodation Request (Thankfully)

In a battle between a mentally ill employee seeking accommodation for his job at a nuclear plant and federal nuclear safety codes—-which wins out? The Third Circuit Court of Appeals ended up going with safety codes....more

Third Circuit Affirms Judgment in Favor of Employer in ADA Action, Finding that Compliance with NRC Regulations Justified...

by FordHarrison on

Recently, the United States Court of Appeals for the Third Circuit in McNelis v. Pennsylvania Power & Light Company affirmed the district court’s grant of summary judgment to the employer in a lawsuit alleging disability...more

Dogged by Dogs at Work: Barking Up the Wrong Tree?

by Akerman LLP - HR Defense on

Suppose you hire Kristin Chenoweth to be your new TV show host, and she shows up on the set with her dog Thunder, claiming she needs the dog for emotional support. Must you allow this distraction?...more

Horizontal Well Drillers Sued by EEOC For Age And Disability Discrimination In Hiring

Oklahoma Oil Drilling Company Also Made Unlawful Inquiries Into Applicants' Past Workers' Compensation Claims and Committed Other Violations, Federal Agency Charges - ST. LOUIS - Horizontal Well Drillers (HWD), an oil and...more

EEOC Sues Dependable Health Services For Disability Discrimination

Health Care Staffing Agency Fired Phlebotomist With Sickle-Cell Anemia, Federal Agency Charges - BALTIMORE - Dependable Health Services, Inc., a health care staffing agency, violated federal law when it fired an employee...more

EEOC Sues UPS Freight for Violating the Americans With Disabilities Act

Company Treats Disabled Drivers Worse Than Drivers With DWIs, Suit Charges - ST. LOUIS - UPS Freight violated federal law by treating a truck driver who was unable to drive because of a minor stroke worse than it treated...more

UPS Delivers Cautionary Tale

by Sherman & Howard L.L.C. on

Maximum leave policies are ubiquitous. These policies typically state that an employee who does not/cannot return from leave within a specified period (e.g. 12 months) will be discharged. Last year the EEOC issued...more

UPS to Pay $2 Million to Resolve Nationwide EEOC Disability Discrimination Claims

Shipping Giant's Rigid Leave Policies Forced Out Employees Who Needed Accommodations, Federal Agency Charged - CHICAGO - International shipping giant United Parcel Service, Inc. (UPS) has agreed to pay $2 million to nearly...more

When is an employee a qualified individual with a disability under the MHRA?

by PretiFlaherty on

Maine’s highest court recently weighed in on what it means to be a qualified individual with a disability under the Maine Human Rights Act. Affirming a summary judgment in favor of the employer in Carcinella v. Mercy...more

New Florida Law Aims To Put Brakes On ADA Barrier-To-Access Lawsuits

by Jackson Lewis P.C. on

Responding to the alarming proliferation of lawsuits in Florida alleging that places of public accommodations create barriers to access to disabled patrons, Florida has adopted what appears to be the first law in the country...more

964 Results
|
View per page
Page: of 39
Cybersecurity

"My best business intelligence,
in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
Sign up using*

Already signed up? Log in here

*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.