EEOC Issues Guidance on Individuals with Psychiatric Disabilities and the Americans with Disabilities Act
Broad and Cassel
The EEOC recently issued a written guidance explaining what, in the agency's view, constitutes a protected psychiat.
Labor & Employment Update--April 1998
Brobeck Phleger & Harrison LLP
This update contains articles entitled: Court Gives Expansive Definition Of "Supervisors" For Purposes Of Strict Liability Under The FEHA; Scope Of Domestic Partners Benefit Ordinance Limited; Mental Disorder Must Limit Major Life Activity To Constitute "Disability" Under FEHA; Court Questions Use Of Statistical Evidence In Layoffs; Counselor's CornerÃÂConducting Workplace Investigations.
Personality Testing: Do Your Pre-Employment Tests Violate the ADA?
Ryan Griffitts of Thompson, Coe, Cousins & Irons, LLP
In June, an Illinois federal court of appeals issued a decision that may have a drastic impact on the use of "personality tests" in the employment setting.
Normal Overweight Condition Not a Disability; Severe Obesity Can Be
Dykema Gossett PLLC
In Andrews v. State of Ohio, the Sixth Circuit Court of Appeals recently decided that a person who is "normall.
Americans With Disabilities Act: Title III Highlights
Department of Justice
An outline of the key requirements of the ADA for businesses and non-profit agencies.
Guide to Disability Rights Laws
Department of Justice
Guide from the Department of Justice which describes individual rights regarding fair housing, public accommodations, telecommunications, education, and employment.
Recent Supreme Court ADA Decisions Important to Employers
Chanelle Thibaut Delahoussaye of Onebane Law Firm
On June 22, 1999, the United States Supreme Court released three important decisions of special interest to employe.
Lex Mentis - You're Looking at Me Like I'm Crazy!
James J. McDonald of Fisher & Phillips LLP
"A nut case." "Crazy as a loon." "A Total Fruit Cake." "Just ain't right in the head."
We often use terms such as these to refer to people who behave peculiarly, at work or otherwise. Until recently, the use of such expressions was fairly harmless. Now, using such terms to refer to a subordinate or co-worker may give rise to a "regarded as disabled" lawsuit under the Americans with Disabilities Act.
Previous Statements About Disability May Not Preclude Eligibility in Subsequent Proceedings
Paul, Hastings, Janofsky & Walker LLP
Johnson claimed that her employer fired her in violation of the Americans With Disabilities Act (ADA).
The Florida Civil Rights Act
Ryan D. Barack of Kwall, Showers & Barack, P.A.
Generally, the Florida Civil Rights Act ("FCRA"), Sections 760.01 - 760.11, FLORIDA STATUTES, is interpreted in accordance with decisions construing Title VII and other federal employment anti-discrimination laws.
However, there are some differences between the federal anti-discrimination laws and the FCRA. These include differences in the scope of the FCRA, differences in the administrative scheme, and differences in the remedies available to the prevailing plaintiff.
The ADA: Miscellaneous Questions and Answers
United States Department of Labor-Office of the Solicitor
This fact sheet provides answers to various questions about Americans With Disabilities Act.
ADA Issues Affecting Retailers
Peter Leichtfuss of Davis Wright Tremaine LLP
The Americans with Disabilities Act of 1990 was enacted to recognize and protect the civil rights of people with disabilities. Title III of the ADA addresses physical access for the disabled to commercial facilities and places of public accommodation. By their very nature, retail establishments are places of "public accommodation" pursuant to the ADA, and retail operators and landlords must comply with its accessibility provisions.
EEOC Issues New Disability Guidance Regarding Cancer
Sherry L. Travers of Thompson, Coe, Cousins & Irons, LLP
The EEOC has, as part of its on-line Question and Answer Series, recently issued guidance regarding whether cancer is a disability under the Americans with Disabilities Act ("ADA"). The ADA is a federal law that prohibits employers with 15 or more employees from discriminating against individuals with actual or perceived disabilities.
The ADA Has Teeth
Ford & Harrison LLP
The Seventh Circuit also recently reinstated a claim under the ADA by a prospective telemarketer with 18 missing te.
Seventh Circuit Rejects ADA Challenge To Dismissal For Threats Of Violence
Ford & Harrison LLP
The U.S. Court of Appeals for the Seventh Circuit (Chicago) has confirmed that an employer may fire an employee wit.
From The Bench
John H. Eggertsen of Honigman Miller Schwartz and Cohn LLP
I. Ninth Circuit Addresses Burden of Proof and Expert Testimony in Benefit Determinations In.
Retaining a Foreign Attorney
State Department
Publication from the United States Department of State on retaining a foreign attorney.
New Appellate Decision Interprets the ADA
Rudman & Winchell
Appellate courts across the country are issuing important decisions interpreting the ADA at a rapid fire rate.
The National Council on Disability
Law Office of Jon L. Gelman
The National Council on Disability (NCD) is an independent federal agency making recommendations to the President .
Combating Abuse Of The Declaratory Judgment Action By Insurers
Ronald Arthur Lowry of Law Offices of Ronald Arthur Lowry
It has become fashionable in recent years for insurers to sue their own insureds in a declaratory judgment action .
EEOC Issues Guidance on Mental Disabilities and the Americans With Disabilities Act
Diane M. Baun of Woods Rogers PLC
The Equal Employment Opportunity Commission reports that in the last four years, almost 13% of the EEOC charges.
Supreme Court Narrows The Reach Of Disabilities Act
David A. Anderson of Parsons Behle & Latimer
Since it was enacted in 1990, the federal courts have attempted to decide who is protected by the Americans with Disabilities Act ("ADA"). This judicial analysis, emerging case-by-case and without any clear consensus, has been necessary because the employment provisions of the ADA define a person with a "disability" in very general terms.
Labor and Employment Update: Supreme Court Tackles Thorny Issues Under ADA
Pepper Hamilton LLP
This update covers Supreme Court rulings in regards to the definition of disability and when punitive damages may be awarded against employers in discrimination cases.
Support Your Local Arsonist Or The Tilted Playing Field In New York
Mound Cotton Wollan & Greengrass
The topic is the current New York rule that requires an insurer, in defending an action on a policy of fire insuran.
Dietary Supplements and Their Natural Dangers: Things to Know
Law Office of Christopher E. Grell
The Law Offices of Christopher E. Grell is one of only a handful of law firms in the United States who represents.
The ADA: Questions and Answers About Public Accommodations
United States Department of Labor-Office of the Solicitor
This fact sheet provides answers to commonly asked questions about Americans With Disabilities Act and public accommodations.
Employment: Americans With Disability Act Supreme Court Confirms: There's More to Life Than Work
Mark P. Albright of White and Williams LLP
In a decision likely to have a significant impact on assessment of future ADA claims, the United States Supreme Court has ruled that for a worker to be deemed "substantially limited" in performing manual tasks, that person must have a permanent or long-term impairment "that prevents or severely restricts the individual from doing activities that are of central importance to most people's daily lives."
Embedded SystemsÃÂThe "Hidden" Y2K Business Problem
David A. Beal of Doris A. Bilodeau
Executive Summary:Even businesses which have conducted Y2K compliance audits may still have problems with supplies.
Guaranty
Baker, Donelson, Bearman, Caldwell & Berkowitz, PC
Saxony Ice Co. v. Little Mary's American Bistro, 1997 WL 674945 (N.Y.A.D. 10/27/97). GUARANTYÃÂHow could anyone s.
Y2K Forecast.
Law Offices of Robert Wood
Y2K commentators and experts recently have begun to focus attention on small and mid-size businesses, largely .
When "Mitigating Measures" may be Considered in Determining Disability
Paul, Hastings, Janofsky & Walker LLP
In this case, the Fifth Circuit addressed a novel issue under the ADA that has yet to be resolved by the Supreme Court: in determining whether an individual is "disabled" under the ADA, whether the condition at issue be assessed with or without mitigating measures such as medication.
The Duty to Treat and the Americans with Disabilities Act: The Case of the Hearing Impaired
Broad and Cassel
The Americans with Disabilities Act (the "ADA") may require health care service providers to take affirmative measu.
Americans With Disabilities Act: Title II Technical Assistance Manual
Department of Justice
A Department of Justice manual that explains in lay terms what State and local governments must do to ensure that their services, programs, and activities are provided to the public in a nondiscriminatory manner.
Land Use and Environmental Law Briefing: New Limits On Local Government Zoning Authority: Ninth Circuit Holds ADA Applies To Zoning
Morrison & Foerster LLP
This article examines the case of Bay Area Addiction Research and Treatment, Inc. v. City of Antioch
Filing a Complaint Based on Disability Against an Air Carrier or an Airport
U.S. Department of Transportation
Instructions from the Department of Transportation on how to file a complaint based on disability against an air carrier or airport.
Tax Incentives Packet on the Americans with Disabilities Act
Department of Justice
A packet of information to help businesses understand and take advantage of the tax credit and deduction available for complying with the ADA.
Recent ADA Decisions
Gayle K. Rowe of Dunn Carney Allen Higgins & Tongue
In three significant employment decisions released on June 22, 1999, the United States Supreme Court reviewed and .
The Americans with Disabilities Act and "Current" Illegal Drug Use
Carlock, Copeland & Stair, LLP
During the last number of years, federal law and policy have moved strongly to discourage the use o.
Asymptomatic HIV as a Disability
Fargarson & Brooke
The United States Supreme Court, in a 5-4 ruling, has held that persons suffering from asymptomatic (no .
Supreme Court's HIV Ruling May Have Broad Implications for Employers
Terri M. Solomon and Stefanie W. Kohen of Littler Mendelson, P.C.
In its first-ever review of the definition of "disability" since passage of the ADA in 1990, the United States Supreme Court has issued a decision which, although arising in a non-employment-related context, will have far-reaching consequences for employers.
Long-Term Disability Benefits
Paul, Hastings, Janofsky & Walker LLP
An employee sued her employer and its insurance carrier claiming that the employer's long-term disability plan violated the public accommodations provisions of the Americans With Disabilities Act (ADA).
Physician Diagnosed with ADD States Claim Under ADA
Paul, Hastings, Janofsky & Walker LLP
Menkowitz v. Pottstown Memorial Medical Center, No. 97-2041, 1998 U.S. App. LEXIS 20720 (3rd Cir., Aug. 24, 19.
Supreme Court Side-Steps Ruling in Refusal to Rehire Rehabilitated Drug Abuser Case
Elizabeth M. Marsh of Thompson, Coe, Cousins & Irons, LLP
On December 2, 2003, the Supreme Court of the United States issued an opinion in Raytheon Company v. Hernandez. The case arose under the Americans With Disabilities Act of 1990 and centered around an employer's unwritten policy of refusing to rehire former employees whose employment had been terminated for misconduct.
Standards of Disability Differ Under Social Security Disability Act, California Retirement Plan (Long Term Disability) and A.D.A. (American's with Disability Act)
Susan R. Wasserman of Law Offices of Susan R. Wasserman
The Ninth Circuit in the case of Broussard v. University of California, at Berkeley, 1999 Daily Journal D.A.R. 98.
Hotels Being Bombarded with ADA Access Lawsuits--How to Prepare Your Property
Jonathan W. Greenbaum of Nixon Peabody LLP
Even though the Americans with Disabilities Act has been in effect for over ten years, hotel owners and operators are increasingly being named in ADA Title III (access to public accommodation) lawsuits. Under the current law, there is an incentive for plaintiffs' lawyers to file ADA access lawsuits: hotels may required to pay a disabled person's attorney's fees even if the hotel agrees to correct any problems right away. Hotel owners and operators should review their ADA compliance before a lawsuit is filed.
Is Obesity a Disability?
Tydings & Rosenberg LLP
The Americans with Disabilities Act ("ADA") provides that employers covered by the statute may not discriminate aga.
Civil Rights: No Qualified Immunity for ADA Discrimination in Prisons
Mark A. Goldsmith of Honigman Miller Schwartz and Cohn LLP
Plaintiff was a state prisoner who alleged that prison officials discriminated against him on the basis of his hear.
Employment Law Alert: 1999
Saul Ewing LLP
U.S. Supreme Court Limits the Breadth of the Disability Act's Coverage, but Broadens the Reach of Punitive Damage .
Discrimination by Supervisors: Is It Actionable?
Jonathan B. Cole of Nemecek & Cole, A Professional Corporation
Employers often need to make difficult business and personnel decisions in running their businesses. Accordingly, .
Americans With Disabilities Act: Title II Highlights
Department of Justice
An 8-page outline of the key requirements of the ADA for State and local governments. This publication provides detailed information in bullet format for quick reference.
Mitigating Factors Count in Determining "Handicap" Status
Dykema Gossett PLLC
In Chmielewski v Xermac, Inc., 1998 Mich LEXIS 1326 (June 9, 1998), the Michigan Supreme Court held that the determ.
Products Liability Report: Winter 1999
Edith Hofmeister of Brobeck Phleger & Harrison LLP
This article discusses the holding of a trial court in upstate New York, Brenner v. American Cyanamid Company, that extended the market share theory of liability to cases involving exposure to white lead pigment.
Enhancing Disability Protection Without Abandoning Principle
Orrin G. Hatch* of The Federalist Society
The ADA Restoration Act (ADARA) states as its intention to reverse Supreme Court decisions that "narrowed the class of people who can invoke the protection from discrimination that the Americans with Disabilities Act of 1990 provides." However, by abandoning the ADA's basic principles, the ADARA significantly expands, rather than restores, its intended coverage, and sets the ADA at odds with the rest of federal disability policy.
Understanding the Americans with Disabilities Act
Alexander Hawes LLP
This article provides a general overview of the ADA.
PTSD not Disability Under ADA
Paul, Hastings, Janofsky & Walker LLP
The Fifth Circuit found that Hamilton, who suffered only temporary impairment due to Post Traumatic Stress Disorder (PTSD), was not ''disabled'' under the Americans With Disabilities Act (ADA).
The Americans With Disabilities Act and Medical Plans
Wayne Jacobsen of Glasser Legal Works
Analyzes the ADA and how it relates to medical plans.
The Americans With Disabilities Act and Education
Education Dept. Inspector General Off. Investigation Office
Overview from the Department of Education which explains the provisions of the Americans with Disabilities Act that prohibit discrimination against students on the basis of disability in education programs or activities that receive Federal financial assistance.
Supreme Court Narrows ADA: The Case of Toyota Motor Manufacturing, Inc. v. Williams
Michael T. Garone,Lisa Greenfield and Roman D. Hernandez of Schwabe, Williamson & Wyatt
On January 8, 2002, the United States Supreme Court issued a landmark ruling in the case of Toyota Motor Manufacturing, Inc. v. Williams. The case is a victory for employers because the scope and application of the Americans with Disabilities Act ("ADA") in the employment context was substantially narrowed.
How to File a Title III Complaint
Department of Justice
This publication details the procedure for filing a complaint under title III of the Americans With Disabilities Act, which prohibits discrimination based on disability by businesses and non-profit agencies.
Bragdon Case Nears Conclusion
Rudman & Winchell
In 1994, Sidney Abbott filed a lawsuit against Randon Bragdon, D.M.D., in which she claimed he violated her rights under the Americans with Disabilities Act ("ADA") by refusing to perform certain invasive dental procedures on her in his office.
Higher Education's Obligations Under Section 504 And The American with Disabilities Act
Education Dept. Inspector General Off. Investigation Office
Brochure from the Department of Education which reviews the obligations of higher education institutions under Section 504 of the Rehabilitation Act of 1973 and The Americans with Disabilities Act which concern auxiliary aids and services for post-secondary students with disabilities.
Three Recent Cases from the United States Supreme Court Narrow the Scope of Actionable "Disability" Under the ADA
Ellen Kitzmiller of Parsons Behle & Latimer
The United States Supreme Court recently handed down three opinions narrowing the scope of protection afforded under the Americans with Disabilities Act. The Supreme Court held that whether an individual is "disabled" within the meaning of the ADA is determined by taking into account medical or artificial aides available to minimize the effects of impairment (for example, high blood pressure medication or contact lenses).