EEOC Issues Guidance on Interaction Between ADA and State Workers' Compensation Laws
Elizabeth Riley Castleberry of William G. Pintas & Associates, Ltd.
The purpose of the Americans with Disabilities Act (ADA) is to prohibit employers from discriminating against .
Guide to California Pre-Employment Inquiries
Hart, King & Coldren
Subject Acceptable Unacceptable Name "Have you ever used another name?""Is any addition.
Labor and Employment Update: Myths and Realities: The EEOC Guidance on the Americans with Disabilities Act and Psychiatric Disabilities. . . One Year Later
Pepper Hamilton LLP
This update takes a look at the aftermath of the EEOC's 1997 guidance on the ADA and psychiatric disabilities.
Americans with Disabilities Act Update ÃÂ The Eleventh Circuit Court of Appeals Rules that the Disabled Employee must Identify what is a "Reasonable Accommodation"
Carlock, Copeland & Stair, LLP
The Americans with Disabilities Act ("ADA") forbids discrimination in the workplace again.
INS Implements New Guidance to Improve the Review of Naturalization Cases of Applicants with Disabilities*
Law Office of Tasoff & Tasoff
WASHINGTON - In an effort to promote fairness and consistency in the adjudication of naturalization cases of appl.
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.
The ADA: Your Employment Rights as an Individual With a Disability
United States Department of Labor-Office of the Solicitor
This booklet explains the part of the ADA that prohibits job discrimination. This part of the law is enforced by the U.S. Equal Employment Opportunity Commission and State and local civil rights enforcement agencies that work with the Commission.
The ADA: Questions and Answers About Employment
United States Department of Labor-Office of the Solicitor
This fact sheet provides answers to commonly asked questions about the Americans With Disabilities Act and employment discrimination.
Supreme Court Decisions Narrow Definition of Disability
Erin Lewis Roberts of Nexsen Pruet
In this article, the author discusses the U.S. Supreme Court decisions that have narrowed the class of individuals protected by the Americans with Disabilities Act ("ADA").
Beyond Disability Management
Dykema Gossett PLLC
Employees are one of the engines that drive business. Not surprisingly, the absent employee, regardless the reason.
Reassigning Disabled Employees
Douglas B. M. Ehlke of Ehlke Law Offices
State and federal courts remain split over whether the Americans with Disabilities Act (ADA) requires employees to offer disabled workers light duty or alternative jobs to satisfy their employers) ADA duty of "reasonable accommodation." One issue that has arisen: Are ADA remedies limited to accommodating disabled workers in the jobs for which the employees were hired? Companies sometimes seek to limit job reassigning because of its disruption on job placement managing.
Your Rights Under Section 504 of the Rehabilitation Act of 1973
Dept. of Health and Human Services
Fact sheet from the Department of Health and Human Services which describes the rights of people with disabilities under Section 504 of the Rehabilitation Act of 1973.
The ADA: Rules for the Workplace
Missouri Bar Center
This is a question and answer summary of the key employment discrimination provisions found in Title I of the Americans with Disabilities Act.
Rules For Avoiding Litigationand Limiting Costs
Timothy C. Stubblefield
Always remember that the only real winners in an ADA case are the lawyers. Creative solutions are usually more eco.
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.
Employers Hiring Temp Workers Need New Contract Provisions
Douglas B. M. Ehlke of Ehlke Law Offices
On December 22, 2000, the Equal Employment Opportunity Commission (EEOC) issued a guidance that explains when temporary worker agencies and their company clients are responsible for providing reasonable accommodations to disabled workers. This likely will require agencies and employers to consider new forms of contracts and make negotiations between the two more difficult. The guidance makes clear that the temp agency and employer must make efforts to provide reasonable accommodation to disabled workers.
What You Should Know About Disability Discrimination In The Workplace
Mansfield, Tanick and Cohen, P.A.
Disabled individuals now have a number of protections in the workplace. Federal law prohibits discrimination in th.
How to Hire Right and Fire Right Under the Americans with Disabilities Act
Marguerite S. Walsh of Buchanan Ingersoll & Rooney PC
INTRODUCTION All hiring and firing decisions should be made with a view towards avoiding potential legal problems..
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 .
Supreme Court Narrows Scope of Disabilities Protection
Pillsbury Winthrop Shaw Pittman LLP
The United States Supreme Court, in four decisions announced in May and June, narrowed the scope of the Ame.
Michigan Supreme Court Rules That Mitigating Measures Should Be Considered In Determining Disability Status
Bodman LLP
The Michigan Supreme Court has resolved the issue of whether an individual's medication or other mitigating measure.
Reasonable Accommodations and the "Interactive Process"
Solomon Z. Krevsky of Markowitz & Krevsky P.C.
When and under what circumstances an employer is obligated to provide an employee with a disability a reasonable .
EEOC Issues New Guidance on Hiring Workers with Intellectual Disabilities
Littler Mendelson, P.C.
In October of this year, the Equal Employment Opportunity Commission (EEOC) published new guidance addressing the issues employers face in hiring, accommodating, and preventing harassment of employees with intellectual disabilities. The new guidance is a project undertaken by the EEOC to advance the goals of the Bush administration's "New Freedom Initiative" announced in 2001. The goals of the program include expanding educational and employment opportunities for individuals with disabilities.
Getting Personal May Cost You
Susan Eberle Stahlfeld of Miller Nash LLP
The employment relationship is fraught with potential litigation pitfalls for employers - even before it actually begins. There have been many lawsuits that were based on inquiries made during job interviews. These inquiries are often innocent questions intended to start a conversation or put the interviewee at ease, but they can easily backfire and lead you straight to the courtroom.
Lifting Restrictions Under ADA: Good News For Employers
Bodman LLP
One of the most difficult dilemmas for employers is how to treat an employee who is returning to work with a liftin.
ADA Compliance: A Guide for Restaurants & Other Food Service Employers
Stefanie W. Kohen,Laurent R. Badoux and Leslie New of Littler Mendelson, P.C.
The EEOC issues guidelines for food service industry employers outlining the basic requirements for applying the ADA and providing examples of commonly encountered compliance issues.
American Disabilities Act
Louis C. Rabaut of Warner Norcross & Judd LLP
This article discusses an employers responsibility to provide physical access for perspective employees during the application process.
Disabled Golfer Case Has Implications for Employers
Duff, White & Turner, LLC
Martin v. PGA Tour, Inc., the case involving the Professional Golf Association's attempt to prevent Casey Martin, .
New Supreme Court Rulings Affecting Employers
Sidley Austin LLP
This update considers the ramifications of several recent Supreme Court cases on employers regarding the scope of federal disability discrimination law and the circumstances under which employees can recover punitive damages under another federal anti-discrimination law.
Last Chance Agreements-Where a Good Deed May Go Unpunished
Robert H. Cohen of Davis & Gilbert LLP
Here is a scenario that may be familiar to you. Your Senior Vice President in charge of sales comes into your office and asks for your assistance with a difficult problem she is having. One of her best salespeople, who has been with the company for almost 20 years and consistently is one of your best rainmakers, has been seriously underperforming the last six months or so. Specifically, he has missed meetings, called in sick more often than usual—in particular on Mondays—and has been irritable and rude to employees and clients. The final straw, however, was at a meeting the previous day in which he was acting so erratically and unprofessionally that the client had to ask him to leave its premises. The employee also was visibly intoxicated.
Employment Law: Employer's Duty to Accommodate an Employee's Disability
John Mercy of Mercy, Carter, Tidwell
Introduction In passing the Americans with Disabilities Act (ADA) in 1990, Congress attempted to level the playing.
EEOC Issues Guidance On Reasonable Accommodation
Bodman LLP
On March 1, 1999, the EEOC issued a comprehensive enforcement guidance on reasonable accommodation and undue hardsh.
Americans With Disabilities Act: Questions and Answers
Department of Justice
An overview of the ADA's requirements for ensuring equal opportunity for persons with disabilities in employment, State and local government services, public accommodations, commercial facilities, and transportation.
What Every Employer Better Know About the Law (or, How to Keep Your Employees from Getting Rich at Your Expense)
Michael G. Trachtman of Powell, Trachtman, Logan, Carrle & Lombardo P.C.
Consider the following: You land a major design project. The young architects in your firm clamor for the assign.
Be Careful What You Ask For: New Traps for the Unwary in Managing Absenteeism and Leaves of Absence Under the ADA
Neil G. Wolf of Wildman, Harrold, Allen & Dixon LLP
One of the many prohibitions against discrimination on the basis of disability in employment imposed by the Americans with Disabilities Act is its limits upon an employer's ability to inquire about medical information relating to applicants and employees. A recent decision by the Second Circuit Court of Appeals creates new complications for the management of employee absenteeism and leaves of absence.
Mental Disorders, Job Stress and the ADA
Solomon Z. Krevsky of Markowitz & Krevsky P.C.
An increasing number of employees have attempted to base ADA claims on job stresses such as difficult working condi.
Is Infertility Covered Under the ADA?
Law Office of Clifford B. Malone, Jr.
It has been reported that 5 million couples in this country suffer from infertility, which is usually defined as .
Labor and Employment Law Update: Which Way Do We Go? Courts are Split in Determining Whether an Employer's Failure to Engage in the "Interactive Process" Creates Liability
Pepper Hamilton LLP
This update provides an overview of the ADA, criteria for situations of independent liability and guidelines for engaging in the "interactive process" with employees to discuss possible accommodations for disabilities.
U.S. Supreme Court Narrows ADA Protection--Inability to Perform Work Tasks Alone is Not a Disability Under the Americans With Disabilities Act
Tiffany C. Miller of Arter & Hadden LLP
A recent decision by the United States Supreme Court narrows the reach of the Americans with Disabilities Act and could be a victory for some employers faced with ADA discrimination claims.
Is Job-Related Stress Covered by the ADA?
Dykema Gossett PLLC
The workplace provides a fertile source for complaints regarding stress. A growing number of employees are claimin.
Difficulty with the Boss is not a Disability
Ford & Harrison LLP
Sherrylen Weller sued her employer, Household Finance Corporation ("HFC"), under the American with Disabilities Act.
Failure To Take Prescribed Medication Dooms ADA Claim--Law Alert--Issue 62
Nixon Peabody LLP
This article reviews the Spradley v. Custom Campers Inc., decision where the district court held a patient who is deliberately ignoring his or her doctor's instructions to take medication should not be given advantage under the ADA.
The ADA Does Not Protect Persons With Bipolar Disorder in the Fourth Circuit
Morris E. Fischer of Morris E. Fischer, Attorneys at Law
After twenty one years of loyal work for Verizon, in 1999 Fran Darcangelo?s employer did what few other companies on the current corporate landscape today would dare do: they fired her. The reason so few companies would attempt to remove her today is because of American big business? ?Fear of Firing,? as reported in a BusinessWeek cover story : Fear Of Firing :How the threat of litigation is making companies skittish about axing problem workers (April 23, 2007).
Reasonable Accomodation and the ADA - Courts Draw the Line
Tillinghast Licht LLP
The Americans with Disabilities Act (ADA) was enacted into federal law on July 26, 1990. Different sections of the ADA went into effect at different times in 1992. Since then, more than 40,000 complaints have been filed with the Equal Employment Opportunity Commission (EEOC), the federal agency responsible for enforcement. Although the ADA addresses discrimination in employment, public services and accommodations, transportation, and other areas, the vast majority of claims involve discrimination in employment.
Michigan's High Court Makes Important Handicap Decisions
Dykema Gossett PLLC
Employers Not Required to Reassign Handicappers The Michigan Supreme Court recently decided that employers are n.
U.S. Supreme Court clarifies who is disabled Under the ADA
Duff, White & Turner, LLC
In its recently concluded term, the U.S. Supreme Court handed down four decisions examining whether employees with.
Questions and Answers: the ADA and Persons with HIV/AIDS
Department of Justice
This publication explains the requirements of the Americans with Disabilities Act for employers, businesses and non-profit agencies that serve the public, and State and local governments to avoid discriminating against persons with HIV/AIDS.
Terminating Employees Who Claim They Are Disabled
Nixon Peabody LLP
This article emphasizes the importance of an employer establishing a paper trail in support of terminating an employee. As the article discusses, many iron clad cases are lost because of the lack of documentation supporting reasons for termination.
U.S. Supreme Court Reinstates ADA Case Despite Plaintiff's Prior Assertion that She Was Unable to Work
Derek Langton of Parsons Behle & Latimer
The United States Supreme Court recently overturned the dismissal of a case brought under the Americans with Disabilities Act ("ADA"), which was dismissed by the lower court on the basis that the plaintiff had sought and obtained Social Security Disability Insurance (SSDI) benefits, claiming that she was unable to work due to effects of a stroke.
The Americans with Disabilities Act
Quinlivan Wexler LLP
Title I of the Americans with Disabilities Act of 1990, which took effect July 26, 1992, prohibits private employer.
Mental Disabilities under the Americans with Disabilities Act: What Qualifies?
Brit K Dietrichs of Paul, Hastings, Janofsky & Walker LLP
The number of people claiming that they have been discriminated against because of alleged mental disabilities has .
Summary of Federal & State Discrimination Laws
Law Offices of Ruben Salazar
There are state and federal anti-discrimination laws designed to reasonably accommodate individuals .
Fact Sheet: Small Employers and Reasonable Accommodation
United States Department of Labor-Office of the Solicitor
This guide answers some of the key questions facing small businesses in connection with reasonable accommodations. It explains the obligations of both employers and individuals with disabilities, and reviews the limits on how far employers must go in providing reasonable accommodations.
Facts About the Americans with Disabilities Act
United States Department of Labor-Office of the Solicitor
This fact sheet gives an overview of what constitutes disability discrimination under Title I of the Americans with Disabilities Act of 1990 (ADA).
Disability Discrimination Laws Will Soon Apply to Small Employers
Briggs & Morgan
Although the Americans with Disabilities Act (ADA) has been in effect for employers with 25 or more employees sin.
Receipt of Social Security Disability Benefits Does Not Preclude Disability Discrimination Claim
Bodman LLP
The Michigan Court of Appeals has ruled that receipt of social security disability benefits does not necessarily pr.
EEOC Guidance On ADA Reasonable Accommodation.
Paul, Hastings, Janofsky & Walker LLP
Since the enactment of the Americans with Disabilities Act ("ADA"), employers and courts alike have struggled to m.
Medical Questions on Employment Application Create Viable ADA Claim for Non-Disabled Applicant
Ellen Kitzmiller of Parsons Behle & Latimer
A recent Tenth Circuit Court of Appeals ruling serves as a strong reminder to employers to avoid asking job applicants health-related questions. In Griffin v. Steeltek, Inc., the court held that a job applicant who was neither disabled, nor perceived to be disabled, was nonetheless entitled to sue the employer under the Americans with Disabilities Act ("ADA") for injuries flowing from impermissible questions on his job application.
The U.S. Supreme Court Limits The Reach Of The ADA
Scott Brutocao of Sheppard Mullin Richter & Hampton LLP
This article discusses the Supreme Court's recent rulings in Sutton v. United Air Lines, Inc., Murphy v. United Parcel Service Inc., and Albertsons, Inc. v. Kirkingburg.
What Are an Employer's Obligations toward Alcoholic Employees
Duff, White & Turner, LLC
In several recent decisions, courts have recognized that current or recovering alcoholics may be entitled to prote.
Disability Law Clarified
Digiacomo & Jaggers, L.L.P.
Three Denver police officers injured in the line of duty. While recuperating from their injuries, they were .
U.S. Supreme Court Rules That Receipt Of Social Security Disability Benefits Does Not Preclude Disability Discrimination Claim
Bodman LLP
The U.S. Supreme Court has ruled, in Cleveland v Policy Management Systems Corp, that pursuit and receipt of socia.
Employee Preferences Irrelevant to ADA Accommodation
Chris Wangsgard of Parsons Behle & Latimer
A federal district court in Pennsylvania recently held, in Mathew v. Cardone Industries, Inc. that reasonable accommodation under the Americans with Disabilities Act ("ADA") is determined by objective factors regardless of the personal preferences of the employee.
The ADA: Your Responsibilities as an Employer
United States Department of Labor-Office of the Solicitor
This booklet explains the part of the ADA that prohibits job discrimination. This part of the law is enforced by the U.S. Equal Employment Opportunity Commission and State and local civil rights enforcement agencies that work with the Commission.
Termination for Employee Absenteeism
Fargarson & Brooke
The Sixth Circuit has refused to hold an employer liable under the Americans With Disabilities Act or the.
Labor and Employment: Seniority Can Trump Disability
Brian W. Waerig of White and Williams LLP
The Supreme Court has recently taken yet another bite out of the Americans with Disabilities Act, making it easier for employers who consistently apply seniority systems to handle competing claims of ADA accommodation.
Light Duty Jobs and the ADA
Parsons Behle & Latimer
Employers should seriously consider the ADA implications of light duty jobs before creating (or continuing) such jobs on a regular basis. The ADA requires employers to "accommodate" disabled employees, under some circumstances, by placing them in other, vacant positions (which they can perform with or without an accommodation).
Legal and Ethical Obligations of Pacific Employers Toward Potentially Unstable Employees
Anna Elento-Sneed of Carlsmith Ball LLP
As recent events in Hawaii painfully remind us, workplace stress and violence is increasing.
The Supreme Court Rules on Disability
Rudman & Winchell
The United States Supreme Court issued several important employment decisions this term.
Supreme Court Watch--Nearsightedness, Hypertension, and Monocular Vision: What is a Disability Under the Americans with Disabilities Act?
Gallivan, White & Boyd, P.A.
In April the United States Supreme Court heard oral argument in three cases involving the Americans with Disabilit.
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 .
EEOC Issues Guidelines on Reasonable Accomodation
Buchanan Ingersoll & Rooney PC
EEOC issues guidance on reasonable accommodation The Equal Employment Opportunity Commission (EEOC) has issued det.
Hiring--Don't Ask That Question
Grim, Biehn & Thatcher
Every employer in the United States with 15 employees or more is required to follow the rules under the Americans W.
It's a Mad, Mad World--the EEOC's Guidance on Psychiatric Disabilities and the Americans with Disabilities Act
Benton J. Mathis of Freeman Mathis & Gary, LLP
Stress alone may, under certain circumstances, be a "mental impairment" Employers may require that an employee be .
Federal Court Defers To Employer's Assessment of Essential Job Functions in ADA Case
Duff, White & Turner, LLC
As many employers have recognized, some employees with impairments that may or may not qualify as "disabilities" u.
The EEOC Issues ADA Enforcement Guidance
Dudley F. Woody of Woods Rogers PLC
In March the Equal Employment Opportunity Commission issued enforcement guidance on application of the *reasonable .
Lex Mentis - My Disability Made Me Do It!
James J. McDonald of Fisher & Phillips LLP
More and more employees are attempting to invoke the Americans with Disabilities Act (ADA) in an attempt to characterize workplace misconduct as disease. As a result, the notion that an employer may fire an employee for not showing up, or even for stealing, may soon become outdated.
When Employees Pose a Safety Danger to Themselves or Co-Workers
Douglas B. M. Ehlke of Ehlke Law Offices
Can an employer refuse to hire an applicant because his/her performance on the job would endanger his own health (or others) due to a disability? In a major ADA case, the U.S. Supreme Court says, ?yes.?
Two Discrimination Cases Address Unique and Common Situations
Matthew C. Lonergan of Boult, Cummings, Conners & Berry, PLC
In a case before the United States Court of Appeals for the Sixth Circuit, the Sixth Circuit ruled that the Americans with Disabilities Act ("ADA") does not require accommodation of an employee based upon that employee's "association" with the person who has the disability. Overley v. Covenant Transport, Inc., 6th Cir. (April 27, 2006). Plaintiff, Sharon Overley, claimed that the company fired her after she told her supervisor that she could not work on a certain Saturday because of obligations to her daughter and she had not arranged for a substitute at work.
Seldom Performed Job Duties Can Be Essentional Functions Under the ADA
Laura S. Scott of Parsons Behle & Latimer
In two recent cases, the Tenth Circuit Court of Appeals provided further guidance to employers regarding the practical application of the Americans with Disabilities Act ("ADA") to employees who are unable to perform all of the essential functions of a particular job.
Federal District Court Denies Indefinite Entitlement To Temporary Light Duty Positions
Ford & Harrison LLP
The United States District Court for the Central District of Illinois recently ruled that an employer's revised med.
Three Supreme Court Cases Clarify ADA Obligations
Paul, Hastings, Janofsky & Walker LLP
Mitigating or Corrective Measures May Be Taken into Account in Determining ADA "Disability" Three cases decide.
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.
U.S. Supreme Court Clarifies Definition Of Disability
Bodman LLP
On June 22, 1999, the United States Supreme Court issued two decisions that significantly alter the application of .
EEOC Provides Limited Guidance to Hospitality and Food Service Employers under the Americans with Disabilities Act
Robert K. Jones of Quarles & Brady LLP
The EEOC recently joined forces with the FDA in an attempt to reconcile a food service employer's duties under the ADA to accommodate employees that may be disabled by food pathogens, with the employer's duty under the FDA's Food Code, to prevent employees with certain illnesses from performing certain work in food service establishments. The Guidance is in "question and answer" format and does not cover every possible circumstance. Moreover, large portions are repetitive of previous guidance offered by the EEOC. But some sections are new and may prove helpful to the Hospitality and Food Service Industry.