[WEBINAR] Creating an Accessible City
Recently, we discussed whether a miniature horse qualified as a service animal allowed to enter public accommodations under Title III of the Americans with Disabilities Act. The answer is yes, but what does that mean for...more
Here is what we cover in this issue of The Employment Law Reporter: •A federal district court in New York has dismissed employment discrimination claims brought under the Age Discrimination in Employment Act of 1967 and...more
We regularly receive questions from employers about their obligation to permit employees to bring their dogs or other service animals to work as a form of accommodation under the Americans with Disabilities Act. Employers are...more
The Department of Labor (DOL) and the Equal Employment Opportunity Commission (EEOC) have announced they will be collaborating and sharing information to improve their enforcement efforts....more
Hanneman Family Funeral Home & Crematorium v. Orians, Slip. Op. 2023-Ohio-3687. In this discretionary appeal, the Ohio Supreme Court clarified what constitutes a trade secret under Ohio’s Uniform Trade Secrets Act and...more
Does the fact that an individual is disabled automatically make him a “qualified individual with a disability” under Title I of the ADA? In Stanley v. City of Sanford, Florida, the Eleventh Circuit said no....more
On Thursday, September 28, 2023, the Federal Communications Commission (FCC or Commission) released a draft Notice of Proposed Rulemaking (NPRM) that, if adopted, would comprehensively regulate broadband in the United States....more
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
Under the Americans with Disabilities Act (ADA), “[n]o covered entity shall discriminate against a qualified individual on the basis of disability in regard to job application procedures, the hiring, advancement, or discharge...more
The U.S. Equal Employment Opportunity Commission (EEOC) is examining potential discriminatory implications of the use of automated systems and artificial intelligence (AI) to make employment decisions beyond the Americans...more
Can you have a no pets at work policy? What if an employee has a service dog? What if it is an emotional support dog? As with all things legal (and ADA), it depends, and you should give some thought and engage in an...more
Here is what we cover in this issue of The Employment Law Reporter: •The U.S. District Court for the Southern District of New York has dismissed claims under Title I, Title II, and Title III of the Americans with...more
We often look to the federal judiciary as the gold standard of American jurisprudence. State courts frequently find federal opinions persuasive. Confirmation hearings for federal judges are televised. Indeed, the federal...more
Chicago Company Terminated an Employee Because of Her Mental Health Condition, Federal Agency Charged - CHICAGO – Pivotal Home Solutions, a home warranty company headquartered in Naperville, Illinois, will pay $175,000 and...more
The Americans with Disabilities Act (ADA) allows qualified disabled persons to sue based on interference with their civil rights under that statute. Earlier this month, the Sixth Circuit Court of Appeals rejected an...more
Most employers know the Americans with Disabilities Act (ADA) as the law that prohibits discrimination on the basis of disability and requires reasonable accommodations of employees’ disabilities. However, this prohibition is...more
Approximately two years ago, the World Health Organization (WHO) declared COVID-19 a pandemic. In response, the world essentially shut down, with schools closed, outdoor events cancelled, and employees told to work from home....more
Early Covid-19 Disability Ruling Offers Blueprint for Lawsuits - "The Montgomery, Ala.-based court is one of the first tribunals to weigh in on the issue." - Why this is important: As we enter into the third year of...more
A Florida federal court just denied an employer’s effort to dismiss a disability discrimination claim filed by a legally blind applicant who alleges the employer asked improper pre-offer questions on its standard job...more
WASHINGTON – The U.S. Equal Employment Opportunity Commission (EEOC) updated its COVID-19 technical assistance today adding a new section to clarify under what circumstances COVID-19 may be considered a disability under the...more
In a long-awaited opinion, the Eleventh Circuit held that websites are not places of public accommodation for purposes of the Americans with Disabilities Act (ADA). When employers think of the ADA, the first thing that likely...more
The American Rescue Plan Act signed by President Biden at the end of last week includes almost $130 billion in education funding. The vast majority of that money will be distributed to school districts based on the Title I...more
The fiduciary standards of ERISA apply to all employee benefit plans that are subject to Title I of ERISA. The duty of loyalty, the duty of prudence, and the duty to administer a plan in accordance with its written terms...more
On January 7, 2021, the Equal Employment Opportunity Commission (EEOC) issued proposed guidance regarding employer-sponsored wellness programs and the level of incentives employers may offer employees who participate in these...more
On December 18, 2020, the Department of Labor published its expansion of the fiduciary interpretation and exemption for conflicted advice in the Federal Register. (Prohibited Transaction Exemption 2020-02, Improving...more