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

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

All That for a Bag of Chips: Walgreens Going to Trial in Disability Discrimination Case
Posted on 23 Apr 2014 by Robin Shea

The Equal Employment Opportunity Commission is going to get a jury trial against Walgreens in a disability discrimination case that turns on (allegedly) pilfered potato chips [ an enhanced version of this opinion is available to subscribers... Read More

An ADA Reasonable Accommodation Just Has to Be Reasonable -- Not the Employee's First Choice
Posted on 29 May 2014 by Eric Meyer

This is my son's first year playing t-ball. The rules, in case you're not familiar with them, are simple: • Everybody hits • Everybody (eventually) rounds the bases • Everybody scores Some games, my son wants to... Read More

Does the ADA Mandate Transfer Preferences for Disabled Employees?
Posted on 23 Sep 2013 by Eric Meyer

Last Friday, I had the pleasure of speaking at the National Employment Lawyers Association - New Jersey Annual Conference. I must admit that I was a bit leery. While it sounded legitimate enough -- they asked me to speak on a panel addressing accommodation... Read More

Staking out the EEOC and its Wave of ADA Suits Against Employers
Posted on 19 Sep 2011 by Robin Shea

I feel as if all I ever do these days is write about the Americans with Disabilities Act, but what else can I do? In the last six weeks, the Equal Employment Opportunity Commission has filed 21 lawsuits -- count em, 21! -- against employers alleging disability... Read More