Labor and Employment Law

Recent Posts

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

Don’t Start the ADA Interactive Process Unless You’re Going to Finish It!
Posted on 21 Mar 2014 by Steptoe & Johnson PLLC

by Keisha Jackson In Spurling v. C&M Fine Pack, Inc , 2014 U.S. App. LEXIS 660 [ an enhanced version of this opinion is available to lexis.com subscribers ], the Seventh Circuit (which covers Illinois, Indiana, and Wisconsin) reversed, in part... Read More

Wellness "sticks," as well as "carrots," are legal, court says
Posted on 24 Aug 2012 by Robin Shea

The U.S. Court of Appeals for the Eleventh Circuit* has held that employers may use "sticks" to encourage participation in wellness programs as well as "carrots," if the wellness program is part of a group health or other benefit plan... Read More

Can ADA-disabled employees be required to work overtime?
Posted on 10 Jan 2012 by Eric Meyer

To prove disability discrimination under the Americans with Disabilities Act (ADA), a plaintiff, at a minimum, must prove that: she is disabled; she is otherwise qualified to perform the job requirements, with or without reasonable accommodation;... 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 lexis.com 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 Require Segways? It Just May - COTW #102
Posted on 1 Aug 2012 by Philip Miles

Does the ADA require Disneyland in Californ-I-A to allow Segways? It just may. ( I can make things out of clay, and lie by the bay ). The Case of the Week (HT: Heather Bussing ) is Baughman v. Walt Disney World Company (opinion here) , an ADA case from... 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

Say It Ain’t So: Court Holds an Employer Does Not Have to Accommodate a Pregnant Employee
Posted on 17 Jan 2013 by Jon Hyman

Last year, I railed against the Pregnant Workers Fairness Act , a bill that, if passed, would require employers to make a reasonable accommodation for an employee's pregnancy, childbirth, and related medical conditions. I argued that the law does... Read More

Up in smoke: Hopes of ADA protection for medical marijuana use are dashed . . . for now, anyway
Posted on 26 May 2012 by Robin Shea

As you all know, the Americans with Disabilities Act excludes "current users of illegal drugs" from protection. Meaning that an employer is free to take action against applicants or employees based on their current use of illegal drugs. A... Read More

Employment Alert: EEOC Claims U.S. Steel's Alcohol Testing Policy Violates ADA
Posted on 8 Dec 2010 by Keller and Heckman LLP

On September 30, 2010, the Equal Employment Opportunity Commission (EEOC) filed suit against the U.S. Steel Corporation and the United Steelworkers of America, Local 1557, claiming that U.S. Steel's random alcohol testing policy, authorized under... Read More

Illustrating the Importance of Training Your Employees on the ADA
Posted on 28 Oct 2015 by Jon Hyman

By now you’ve likely heard the story about the blind college student denied service by a Cleveland-area bakery because she was accompanied by her seeing-eye dog. Rather than vilify this establishment (which, god knows, has been done enough on Facebook... Read More

Beware Blanket Exclusion Policies Under the ADA
Posted on 6 Oct 2015 by Jon Hyman

Nicholas Siewertsen, deaf since birth, sued The Worthington Steel Company, claiming that it discriminated against him when it banned him from performing any job requiring him to operate forklifts or cranes. From the time of his hiring in 2001 until... Read More

Medical Marijuana as a Reasonable Accommodation?
Posted on 17 Jun 2015 by Philip Miles

Yesterday, I blogged about the Colorado Supreme Court's decision that an employer could terminate an employee for medical marijuana use despite a state statute forbidding employment termination for "lawful" off-duty conduct. The decision... Read More