Labor and Employment Law

Recent Posts

The Long and Short of Height Discrimination under the ADA
Posted on 15 Jul 2013 by Jon Hyman

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... Read More

Employers, Don't be Overzealous with Your Wellness. Beware of the ADA and Everything Else
Posted on 1 Oct 2011 by Robin Shea

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... Read More

What Does an ADA Interactive Process Not Look Like?
Posted on 29 Sep 2014 by Jon Hyman

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

Telecommuting as Reasonable Accommodation? Sure, But Not in This Case
Posted on 28 Apr 2014 by Robin Shea

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... Read More

Six Things About the ADA That Even an Employer Can Love
Posted on 31 Jul 2015 by Robin Shea

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. When... Read More

Pregnancy as Disability Discrimination: New ADA vs. Old ADA
Posted on 6 Sep 2011 by Jon Hyman

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... Read More

Reassignment as a Reasonable Accommodation Under the ADA
Posted on 15 Sep 2015 by Steptoe & Johnson PLLC

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... Read More

58,000 Reasons to Consider Telework as an ADA Reasonable Accommodation
Posted on 19 May 2015 by Eric Meyer

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... Read More

“Poor Performance” Caused by a Disability Is Not a Good Reason to Deny an Accommodation
Posted on 23 Jan 2013 by Abbey Spanier

The Americans 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)... Read More

10 Reasons for Employers to Be Jolly About the ADA (Says the EEOC)
Posted on 9 Dec 2011 by Robin Shea

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 Lipnic (Republican). I'm usually such a doom... Read More

Your Employee Has a Fragrance Allergy. What Does the ADA Require You to Do?
Posted on 9 Jun 2015 by Eric Meyer

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... Read More

ADA Plaintiff Perpetrates Fraud on Court, Sees Claim Stricken
Posted on 9 May 2011 by Lee Berlik

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... Read More

Psychiatric Disabilities Under the ADA: Proposed Changes to Diagnostic Tool May Result in a Broader Definition of "Disability"
Posted on 17 Nov 2011 by Martha J. Zackin

I 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... Read More

A Job Duty Performed 5% of the Time Is Probably Not ADA-Essential, You Guys
Posted on 6 Oct 2015 by Eric Meyer

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... Read More

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