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Disability Employer Liability Issues

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

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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

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

Woods Rogers

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

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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

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

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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

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

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

Sands Anderson PC

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

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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

Bass, Berry & Sims PLC

A Cautionary Tale Regarding the “Reasonable Belief” Doctrine

On January 31, the Sixth Circuit published a cautionary tale regarding the “reasonable belief” doctrine involving an employer that fired a disabled employee for a positive drug test for “marijuana.”...more

A&O Shearman

Summary of 2024 Amendments to the Equality Act 2010

A&O Shearman on

We are kicking off 2024 with an examination, over a series of blog posts, of some important developments in equality and discrimination law, including legislative changes, updated EHRC guidance on employer duties to take...more

Fisher Phillips

From DEI to DEIA: How to Incorporate Accessibility into Your Diversity, Equity, and Inclusion Plan

Fisher Phillips on

If you work in the DEI space, then you’re likely familiar with recent efforts to add “accessibility” to diversity, equity, and inclusion programs. Even if the term “DEIA” is new to you, your organization may be looking for...more

McAfee & Taft

Tenth Circuit clarifies employer’s burden in offering reasonable disability accommodations

McAfee & Taft on

Employers know that the Americans with Disabilities Act requires them to engage in an “interactive process” with employees seeking a reasonable accommodation. This is a back-and-forth discussion to determine the employee’s...more

Bradley Arant Boult Cummings LLP

ADA Speed Bump Ahead: Steer Clear of Eliminating Essential Functions

When is driving an essential function of a job? What if the employee drives herself to customers’ homes to provide services and now wants to use alternative modes of transportation? What if the employee’s request is because...more

Cranfill Sumner LLP

U.S. Supreme Court Declines to Review Fourth Circuit Decision Upholding ADA Summary Judgment

Cranfill Sumner LLP on

On November 6, 2023, the United States Supreme Court declined to review the Fourth Circuit’s decision affirming summary judgment for the employer in an ADA accommodation case, Hannah v. UPS, No. 21-1647 (July 10, 2023).  The...more

Constangy, Brooks, Smith & Prophete, LLP

Reasonable accommodation for driving to the office? Are you kidding?

That's one way to get employers to allow remote work. We all know that employers with 15 or more employees are covered by the Americans with Disabilities Act and may have to provide reasonable accommodations to allow...more

Brooks Pierce

Federal Contractors Must Use Revised Voluntary Self-Identification of Disability Form

Brooks Pierce on

On April 25, 2023, the Office of Management and Budget (OMB) approved the revised Voluntary Self-Identification of Disability Form (CC-306) issued by the Office of Federal Contract Compliance Programs (OFCCP). Contractors...more

Epstein Becker & Green

Supreme Court Declines to Hear Case Regarding Gender Dysphoria’s Status Under the Americans with Disabilities Act

Epstein Becker & Green on

On June 30, 2023, the Supreme Court of the United States declined to weigh in on whether gender dysphoria can qualify as a disability under the Americans with Disabilities Act (“ADA”), allowing to stand the Fourth Circuit’s...more

Poyner Spruill LLP

Fourth Circuit Finds Leave of Absence is Reasonable Accommodation Under ADA

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The Americans with Disabilities Act (ADA) generally prohibits covered employers from discriminating against employees or applicants on the basis of disability.  One form of such discrimination is failing to provide reasonable...more

Proskauer - Government Contractor Compliance...

Reminder: Contractors Must Begin Using Updated Voluntary Self-ID Form by July 25

As we previously reported, OFCCP’s updated Voluntary Self-Identification of Disability Form (CC-305) was approved by the Office of Management and Budget (OMB) in April 2023. Form CC-305 was updated to include “the preferred...more

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