Tag: disability discrimination

May 15, 2023

The Americans with Disabilities Act protects workers who have “a physical or mental impairment that substantially limits a major life activity” from discrimination in hiring, firing, job assignments and other activities related to employment, the U.S. Equal Employment Opportunity Commission […]

February 28, 2023

The government has decided to reject a proposal to pilot a menopause leave proposal in England. But is it making the right call? It’s a tricky question. Arguably, some of the concerns cited by the government seem a little far-fetched: […]

November 21, 2022

The Georgia Court of Appeals recently upheld a trial court’s dismissal of an employee’s claim that his employer failed to accommodate his disability, holding that Georgia state law provided him no legal remedy. Facts In 2016, Lindsay Pope Brayfield & […]

September 26, 2022

In a recent decision, the Appellate Division, Second Department ruled an employer’s alleged failure to engage in the “interactive process” wasn’t an independent element of a disability discrimination claim under the New York State Human Rights Law (NYSHRL). Read on […]

September 16, 2022

A restaurant in Burlington, Vermont, recently made headlines after refusing to seat a customer with a service dog. The restaurant owner cited an incident in which a previous patron’s dog attacked a neighboring table. In addition, she refused to seat […]

September 13, 2022

It’s the year 3022, and you’ve just applied for a new job as an engineer on a starship traveling to Mars. You submit your resume, and an algorithm selects you for an interview. You record video answers to the employer’s […]

August 30, 2022

Once an employee requests an accommodation, their employer has a duty to engage in an “interactive process” to try to determine whether they can accommodate the disability. With that in mind, employers should take note of this recent decision from […]

August 25, 2022

“Birthdays were invented to sell Hallmark cards.” – Ron Swanson If you’ve ever watched the show “Parks and Recreation,” you know Leslie Knope lives for birthdays, but her boss, Ron Swanson, hates them. In one episode, Leslie pranks Ron by […]

August 23, 2022

The Americans with Disabilities Act (ADA) entitles employees to job protections when they suffer from disabilities. In 2008, Congress passed the ADA Amendments Act (ADAAA), which modified the ADA. The ADAAA and regulations adopted by the Equal Employment Opportunity Commission […]

August 11, 2022

Misunderstandings over an office birthday party recently taught a Kentucky employer an expensive lesson about disability discrimination. A jury awarded $450,000 to the affected employee who didn’t want the party and allegedly suffered a panic attack afterward. The employer’s alleged, […]

July 6, 2022

The Americans with Disabilities Act (ADA) and the ADA Amendments Act of 2008 (ADAAA) prohibit an employer from discriminating against an individual who is (1) disabled within the statutes’ meaning and (2) qualified to perform the essential job functions with […]

May 27, 2022

Ms McMahon worked as a typist at law firm Rothwell & Evans, and was dismissed due to a series of absences. McMahon had sent an email to a senior lawyer describing how menopause-related hot flushes were “unbearable” and made her […]

December 10, 2021

The U.S. Supreme Court recently heard arguments in cases that could impact claims against fiduciaries of employee benefits plans and damages in certain disability discrimination lawsuits. Here’s what employers need to know. ERISA ‘Excessive Fees’ Claim On Dec. 6, the […]

September 27, 2021

Citing the employer’s zero-tolerance “no-call, no-show” policy, an Ohio federal district court recently upheld the termination of an employee who had just returned from a leave of absence under the Family and Medical Leave Act (FMLA). Facts University Manor staffs […]

September 23, 2021

There’s no exhaustive list of potentially reasonable accommodations for employees with disabilities. Whether an accommodation is reasonable will depend on the unique circumstances of each instance, including the individual’s limitations and essential job functions. Some accommodations, however, have been declared […]

August 3, 2021

If disabled employees can’t be reasonably accommodated in their current job, the Americans with Disabilities Act (ADA) requires you to consider reassigning them to a vacant position they are qualified to perform. Under the Act, however, reassignment isn’t a preferred […]

March 16, 2020

When an employee returns to work after getting a kidney transplant, the ADA requires employers to reasonably accommodate them. One employer didn’t even try to, and ended up in court. Accommodation requests denied Michael Fisher worked at Nissan North America […]

March 15, 2019

Few dispute research showing that a diverse workforce contributes to an employer’s success, but diversity efforts often don’t explore the benefits of recruiting people with disabilities. However, that’s beginning to change. “We have certainly seen a shift,” says Kristine Foss, […]

November 16, 2018

A California appellate court ruled that a systems analyst terminated allegedly for poor performance following a disciplinary probation and suspension was entitled to a trial on her claim of disability discrimination, even though the employer demonstrated a legitimate business reason […]

December 5, 2017

The ADA requires that employers provide reasonable accommodations to workers with disabilities. This can include leave, even if an employee is not entitled to any other medical leave under an employer’s policy or the Family and Medical Leave Act, for […]