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...
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...
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...
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...
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...
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...
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
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...
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...
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”)...
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...
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...
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...
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...
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