Labor and Employment Law

Recent Posts

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

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

EEOC's "emerging issues": LGBT rights, and accommodations for pregnant women
Posted on 11 Sep 2012 by Robin Shea

The Equal Employment Opportunity Commission issued yesterday its draft Strategic Enforcement Plan . If you don't have time to slog through all the introductory material, you won't miss a thing if you skip right to Section III (Priorities). The... Read More

Ashley Kasarjian Discusses EEOC Regulations Implementing the ADAAA
Posted on 10 May 2011 by LexisNexis Labor & Employment Law Community St

On this edition, Ashley Kasarjian of Snell & Wilmer's Phoenix, AZ office, discusses how recent EEOC regulations issued in March 2011 interplay with statutory changes to the Americans with Disabilities Act that became effective in early 2009. She... 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

PA Federal Courts Analyze PHRA Disability Claims Under Pre-ADAAA Standards
Posted on 26 Aug 2014 by Steptoe & Johnson PLLC

by Julie Arbore The United States District Court for the Eastern District of Pennsylvania ruled in Riley v. St. Mary’s Medical Center that, while the ADA Amendments Act of 2008 (“ADAAA”) altered the federal standard for proving a... Read More

ADA’S Reasonable Accommodation Requirement Should Make Updating Job Descriptions an “Essential Function” for Human Resources Professionals
Posted on 25 Feb 2013 by Steptoe & Johnson PLLC

by Ann Kontner It seems that as Human Resources professionals we have been inundated with information about the new definition of the term "disability" under the ADA Amendments Act (ADAAA) of 2008. Furthermore, it has been burned into... Read More

Jonathan Mook on the EEOC Final Regulations Implementing the ADAAA of 2008
Posted on 27 Jul 2011 by LexisNexis Labor & Employment Law Community St

On this edition, Jonathan R. Mook of DiMuroGinsberg in Alexandria, Va. explains the main thrust of the EEOC Final Regulations implementing the Americans with Disabilities Act Amendments Act of 2008, key areas in the regulations, and their importance to... Read More

Courts Are Finally Starting to Apply ADAAA—and It Ain’t Pretty
Posted on 28 Mar 2012 by Jon Hyman

It's taken awhile for courts to start applying the ADAAA-the January 1, 2009, amendments to the Americans with Disabilities Act that rendered everyone with a medical condition disabled for purposes of the disability discrimination law. With one... Read More