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...
Do you want a healthy workforce? Of course! But don't overdo it. A too-aggressive wellness program may make your company sick in the long run.
Employers and their insurance companies love wellness programs. They result in reduced premiums as well...
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...
As fellow employment law blogger Jon Hyman pointed out earlier this week, a court has come out with an aggressively pro-telecommuting decision in a disability discrimination lawsuit brought by the EEOC against Ford Motor Company.
I am normally a card...
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.
A year ago, the 6th Circuit concluded that pregnancy-related impairments
that are not part of a "normal" pregnancy-such as miscarriage
susceptibility-can qualify for protection under the ADA. Spees v. James Marine, Inc.,
617 F.3d 380 [ an...
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...
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...
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...
just read a very interesting article titled " Furor
over DSM-V ." Apparently, the Diagnostic and Statistical Manual (DSM),
published by the American Psychiatric Association as a diagnostic tool), is in
the process of being revised (for...
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...
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...