Labor and Employment Law

Recent Posts

Court Holds That Requiring an Employee to Undergo Psyhological Counseling May Violate ADA
Posted on 8 Sep 2012 by Edwin Hopson

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... Read More

Court Reasons That Unreasonably Withdrawing a Reasonable Accommodation Is Reason for Employee to Win ADA Suit
Posted on 25 Mar 2014 by Eric Meyer

Let's say that you have an employee whom the Americans with Disabilities Act would consider disabled and to whom you have afforded a reasonable accommodation for a long time. Maybe it's a few years of light duty to accommodate your employee's... Read More

The ADA Does not Force Employers to Provide Indefinite Leave
Posted on 21 Oct 2011 by Eric Meyer

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, enough? Well, I can tell you now... Read More

Accommodation of Mental Impairments Under the ADA
Posted on 12 Oct 2015 by Steptoe & Johnson PLLC

by Jami K. Suver According to a 2011 publication of the Centers for Disease Control and Prevention (CDC), “Mental illnesses account for a larger proportion of disability in developed countries than any other group of illnesses, including cancer... Read More

Hang Tight, Employers — EEOC’s Proposed Wellness Rule Is at the OMB
Posted on 23 Mar 2015 by Robin Shea

The EEOC’s much-awaited proposed rule on employer wellness programs, the Americans with Disabilities Act, and the Genetic Information Nondiscrimination Act may finally be on its way. According to Law360 , a proposed rule has been approved 4-1 by... Read More

Sixth Circuit Vacates ADA Telecommuting Decision
Posted on 3 Oct 2014 by Steptoe & Johnson PLLC

by Jami K. Suver In April 2014, the Sixth Circuit, in EEOC v. Ford Motor Co. , decided that telecommuting may be a reasonable accommodation under the ADA, even if the employer’s business judgment dictates otherwise [an enhanced version of this... Read More

Summary of the EEOC’s Final Regulations for the ADAAA – What Companies Should Know (Part Two)
Posted on 18 Apr 2011 by Ashley Kasarjian

Last week I summarized the new ADA regulations issued by the EEOC; therefore, I figured this week I would focus on some of the nuances of the regulations that are worth keeping an eye on. While it is clear the definition of disability is to be construed... Read More

Distinguishing State & Federal Disability-Accommodation Claims
Posted on 20 Mar 2012 by Eric Meyer

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... Read More

Title III, Service Animals, and Other Accommodations
Posted on 6 May 2015 by Ashley Kasarjian

It seems like Title III ADA questions are coming up more and more often these days. I wrote about the basics of Title III a while back , and figured it is time to post on it again. Typically when a company has questions relating to its obligations... Read More

United Airlines Pays Over $1 Million To Settle EEOC ADA Suit
Posted on 14 Jul 2015 by Jonathan R. Mook

United Airlines recently agreed to pay over $1 million to settle a long-running suit filed by the U.S. Equal Employment Opportunity Commission (“EEOC”) charging United with violating the Americans with Disabilities Act (“ADA”)... Read More

Epilepsy and the ADA
Posted on 26 Oct 2011 by Craig Salner

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... Read More

Employment Alert: EEOC Claims U.S. Steel's Alcohol Testing Policy Violates ADA
Posted on 8 Dec 2010 by Keller and Heckman LLP

On September 30, 2010, the Equal Employment Opportunity Commission (EEOC) filed suit against the U.S. Steel Corporation and the United Steelworkers of America, Local 1557, claiming that U.S. Steel's random alcohol testing policy, authorized under... Read More

Do You Know? The ADA and Reverse Discrimination
Posted on 1 Mar 2012 by Jon Hyman

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 question: May a private employer give preference in hiring to a veteran with a disability... Read More

xWhat Does an ADA Interactive Process Not Look Like?x
Posted on 29 Sep 2014 by Doug Esten

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... Read More

Foley & Lardner Labor and Employment Law Weekly Update (Week of December 5, 2011)
Posted on 6 Dec 2011 by Foley & Lardner LLP

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... Read More