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 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...
Upon attempting to return from a medical leave of absence, an employee requests the following accommodations: an ergonomic chair, adjusted lighting in her office, and a part-time schedule for the next eight days. Instead of providing the accommodations...
Dear Americans with Disabilities Act,
How time flies — you’re already 25 years old! I have seen many lovely tributes to you this week, and a couple of my favorites are here and here . I hope you don’t mind one more from me.
by Mark G. Jeffries
I was recently asked if an employer has to assign a qualified employee with a disability to a vacant position as part of the employer’s duty to reasonably accommodate the disability. The employer believed that, if he had a...
Telework is among the array of possible reasonable accommodations under the Americans with Disabilities Act that may enable an employee with a disability to perform the essential functions of the job.
Now, as a federal appellate court confirmed last...
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...
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. §
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...
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
This can be a really difficult situation. Just ask a local Pennsylvania employer.
In Brady v. United Refrigeration, Inc. (opinion here ) [an enhanced version of this opinion is available to lexis.com subscribers] , the plaintiff suffered from heightened...
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...
The ADA protects, as confidential, employee medical information obtained by an employer.
Last year, I asked the following questions about the impact of social media on this confidentiality obligation:
What happens, however, when an employee suffers...
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...
The Americans with Disabilities Act requires employers to provide a reasonable accommodation, upon request, to an individual with a disability to enable that person to perform the essential functions of the job. Oftentimes, the questions arises: What...