Labor and Employment Law

Recent Posts

Cop Loses Big ADA Verdict on a Finding of No Disability
Posted on 21 Aug 2014 by Jon Hyman

When is a disability not a disability? When an employer fires a difficult employee based on his inability to get along with his co-workers, his ADHD diagnosis notwithstanding, at least according to the 9th Circuit in Weaving v. City of Hillsboro (8/15... Read More

ADA Website Cases Filed in Federal Court in Pittsburgh, With More Likely to Follow
Posted on 25 Aug 2015 by Duane Morris LLP

Is Your Website Accessible to the Disabled? A new wave of ADA website lawsuits is anticipated to be filed in federal district courts around the United States against retailers, banks, hospitals, universities and all other places of public accommodation... Read More

A Post About David Crosby, Alcohol, and the ADA
Posted on 2 Apr 2014 by Eric Meyer

On Monday, it was public urination . Yesterday, we had indecent proposals . And today, the blogging gods, in which I hold a sincerely-held belief, serve me up this federal court opinion about an alcoholic named David Crosby -- not that David Crosby... Read More

Update: The ADA Does Not Force Employers to Provide Indefinite Leave
Posted on 22 Feb 2012 by Eric Meyer

Hey, that blog title looks familiar. Oh yeah! I wrote about it here back in October. This time around, another federal court, the Tenth Circuit Court of Appeals, has reaffirmed that while a "leave of absence may be a reasonable accommodation... Read More

The Outdoor Worker Who Couldn’t Work in the Sun Lost His ADA Claim
Posted on 18 Aug 2015 by Eric Meyer

Not literally in the sun. Only Superman could do that. Or maybe some of those X-Men. Well, you get the idea. The lede, up to the word “sun.” Yesterday, I read this federal court opinion about an employee who was hired to work outdoors... Read More

Requesting an Accommodation Means More Than Saying, "I'm Disabled."
Posted on 22 Jul 2014 by Eric Meyer

My cold, black employment-law heart is numb to just about anything. I remember this one time, early in my career, when I had to depose a teenage female plaintiff and ask her, with her mother present in the room, whether it offended her that her alleged... Read More

Defining the Three-Headed Associational Disability Claim
Posted on 8 Jun 2015 by Jon Hyman

You likely know that the ADA protects employees from discrimination “because of the known disability of an individual with whom the qualified individual is known to have a relationship or association.” But did you know that the ADA has three... Read More

Fact or Fiction: The ADA requires creating a new job for a disabled employee
Posted on 27 Jul 2012 by Eric Meyer

That's right folks. It's time for another edition of "Fact or Fiction" a/k/a "Quick Answers to Quick Questions" a/k/a QATQQ f/k/a "I don't feel like writing a long blog post." Under the Americans with Disabilities... Read More

EEOC Issues Final Regulations to Implement the ADA Amendments Act (ADAAA)
Posted on 28 Mar 2011 by Ashley Kasarjian

The final regulations and accompanying interpretive guidance implementing the Americans with Disabilities Act Amendments Act (ADAAA) were issued today by the Equal Employment Opportunity Commission. As explained by the EEOC , the ADAAA: directs... Read More

Summary of the EEOC’s Final Regulations for the ADAAA – What Companies Should Know (Part One)
Posted on 6 Apr 2011 by Ashley Kasarjian

The Equal Employment Opportunity Commission has issued regulations implementing the Americans with Disabilities Act Amendments Act (referred to as the ADAAA or the Amendments Act), providing further interpretive guidance for the statutory amendments... Read More

ADA’s Associational Disability Provision does not Shield Poor-performing Employees from Termination
Posted on 7 Jul 2011 by Jon Hyman

Eugene Stansberry, who sued his former employer for disability discrimination, is not disabled. His wife, however, is, suffering from Polyarteritis Nodosa , a rare and debilitating autoimmune disorder. Stansberry sued Air Wisconsin Airlines under the... Read More

Alcoholism and the ADA
Posted on 14 Oct 2015 by Philip Miles

USC recently fired its head football coach for allegedly missing practice, only to show up later to a special teams meeting drunk. Sometimes current events serve as good reminders of employment law issues. Let's quickly review alcoholism and the ADA... Read More

Can an Employer Insist on Regular Attendance Without Violating the ADA? Maybe.
Posted on 17 Apr 2012 by Robin Shea

Woody Allen once said, "80 percent of success is showing up." So true, so true! The U.S. Court of Appeals for the Ninth Circuit* came out recently with a great decision on when "showing up" -- also known as "attendance"... Read More

HR Cheatsheet: When an Employee Texts You From an Ebola Quarantine Tent
Posted on 29 Oct 2014 by Eric Meyer

Five minutes ago, after taking the obligatory selfies and between games of Candy Crush, one of your employees texted (because, calling in, as if!) from an Ebola quarantine tent to alert you that she will be out of work for 21 days, while under observation... Read More

From the Newsroom: EEOC’S New GINA Proposal
Posted on 2 Aug 2011 by Steptoe & Johnson PLLC

By Vanessa L. Goddard Last month, the EEOC issued a notice of proposed rulemaking that would extend existing recordkeeping requirements under Title VII and the Americans With Disabilities Act ("ADA") to employers covered by the Genetic... Read More