In a memorandum opinion dated April 27, 2011, United States
District Judge T.S. Ellis, who sits in the Alexandria Division of the Eastern
District of Virginia, taught plaintiff Stephanie Holmes that it was not a good
idea to change her story multiple times during her deposition. Finding that she
On this edition, Ashley Kasarjian of Snell & Wilmer's Phoenix, AZ office, discusses how recent EEOC regulations issued in March 2011 interplay with statutory changes to the Americans with Disabilities Act that became effective in early 2009. She reviews specific areas addressed by the regulations...
I have previously discussed how the ADA may require that
employers provide unpaid leaves of absence to disabled employees of more than
Has the ADA swallowed the FMLA for employee medical
ADA may require leaves of absence beyond FMLA mandates
Later this week, the EEOC...
Eugene Stansberry, who sued his former employer for disability discrimination, is not disabled. His wife, however, is, suffering from Polyarteritis Nodosa , a rare and debilitating autoimmune disorder. Stansberry sued Air Wisconsin Airlines under the ADA's "associational discrimination"...
By Vanessa L. Goddard
Last month, the EEOC issued a notice of proposed
rulemaking that would extend existing recordkeeping requirements under Title
VII and the Americans With Disabilities Act ("ADA") to employers covered by the
Genetic Information Nondiscrimination Act of 2008 ("GINA"...
I feel as if all I ever do these days is write about the Americans with Disabilities Act, but what else can I do? In the last six weeks, the Equal Employment Opportunity Commission has filed 21 lawsuits -- count em, 21! -- against employers alleging disability discrimination.
This is in addition to...
Back in June, I discussed here how the EEOC was discussing the use of leave from work as a reasonable accommodation under the ADA. The question I
asked back then was how much leave is reasonable ? When is enough,
Well, I can tell you now -- and I suppose I
could have told you then -- that...
Today we discuss an unfortunate result which I am sorry
to say was the result of a plaintiff's strategic error.
In Ramos-Echevarria v. Pichis, Inc. , 2011 U.S.
App. LEXIS 21302 (1st Cir. Oct. 21, 2011) [ an enhanced version of this opinion is available to lexis.com
subscribers / unenhanced...
Employers Should Guard Against "Regarded As"
Claims, Which Are Now Easier to Establish Under the ADA
by Caroline Hogan
In 2008, the ADA
was amended by the Americans with Disabilities Act Amendments Act (ADAAA). The
corresponding EEOC regulations,
effective in March 2011, expanded...
The American Bar Association sponsored a webinar this
week on the Americans with Disabilities Act, which was noteworthy for its
inclusion of EEOC commissioners Chai
Feldblum (Democrat) and Victoria
I'm usually such a doom-and-gloomer when it comes to the
Hey, that blog title looks familiar. Oh yeah! I wrote
about it here back
This time around, another federal court, the Tenth
Circuit Court of Appeals, has reaffirmed that while a "leave of absence
may be a reasonable accommodation [under the Americans with Disabilities Act ]"...
Earlier this week, the EEOC published Veterans and the Americans with Disabilities Act (ADA): A
Guide for Employers . In this guide, the EEOC asks the following
May a private employer give preference in hiring to a
veteran with a disability over other applicants?
According to the agency...
Earlier this month, I wrote about the ADA and hiring preferences , pointing out that the
disability discrimination laws do not prevent an employer from giving a hiring
preference to a disabled job applicant by creating a cause for action in favor
of a non-disabled applicant or employee. What happens...
Let's say you operate a business in NJ. Your disabled
employee comes to you requesting an accommodation for his disability. Does the
mere failure to provide that accommodation trigger a claim under the New Jersey Law
Against Discrimination (NJLAD)? What about under the Americans with Disabilities...
If your job makes you want to kill yourself, are you a
"direct threat" to your own safety?
In what has to be one
of the weirdest ADA cases I've seen , a woman (let's call her
"Gladys") was hired as a temp for a tech company in Seattle (let's
call it "Initech"...
Woody Allen once said, "80 percent of
success is showing up." So true, so true!
The U.S. Court of Appeals for the Ninth Circuit* came out
recently with a
great decision on when "showing up" -- also known as
"attendance" -- is an essential function of the job, and...
That's right folks. It's time for another edition of "Fact or Fiction" a/k/a "Quick Answers to Quick Questions" a/k/a QATQQ f/k/a "I don't feel like writing a long blog post."
Under the Americans with Disabilities Act , an employer is required to provide a...
On August 22, 2012, the U.S. Court of Appeals for the Sixth Circuit in Kroll v. White Lake Ambulance Authority , ___ F.3d ___, Case No. 10-2348, held that requiring an employee to undergo psychological counseling may violate the Americans with Disabilities Act.
The ADA states:
"A covered entity...
Last year, I railed against the Pregnant Workers Fairness Act , a bill
that, if passed, would require employers to make a reasonable accommodation for
an employee's pregnancy, childbirth, and related medical conditions. I argued
that the law does not need alteration because Title VII, through...
with Disabilities Act ("ADA") requires employers to make "reasonable
accommodations to the known physical or mental limitations of an otherwise
qualified individual with a disability." 42 U.S.C.A. §
12112(b)(5)(A). To determine an appropriate accommodation employers...
A federal judge in Pennsylvania held
this week that U.S. Steel had the right under the Americans with
Disabilities Act to conduct random alcohol tests on probationary
employees at a coke
plant , granting summary judgment to the company in a class action that had
been filed by the Equal...
by Lindsay M. Bouffard
Marissa Mayer, Yahoo's recently appointed CEO, has come
under fire for her decision to end Yahoo's telecommuting program. This drastic
measure has Human Resources professionals wondering whether a blanket ban on
telecommuting could have legal ramifications. Under...
A couple of week ago I wrote about why the ADA likely protects against obesity as a disability (thank you Wall Street Journal Law Blog for the linkage).
If the ADA is starting to protect physical characteristics such as weight, what about height? McElmurry v. Arizona Dept. of Agriculture (D. Ariz...
Two lawsuits filed in the past 11 days by the EEOC serve as a reminder that the mandatory “interactive process” under the Americans with Disability Act requires the employer to at least discuss whether there is an appropriate reasonable accommodation. There is not, however, any requirement...
Last Friday, I had the pleasure of speaking at the National Employment Lawyers Association - New Jersey Annual Conference.
I must admit that I was a bit leery. While it sounded legitimate enough -- they asked me to speak on a panel addressing accommodation issues under the Americans with Disabilities...