Labor and Employment Law

Recent Posts

What If…? Internet Use as a Disability
Posted on 20 Oct 2014 by Jon Hyman

Last year I reported on the possibility that Internet use could become an ADA-protected disability. Now, we have one of the first documented cases of this phenomenon. From CNN : A man who checked in to the Navy’s Substance Abuse and Recovery... Read More

Asymptomatic HIV Is a “Disability,” No Matter What One Appellate Court Said
Posted on 29 Apr 2015 by Jon Hyman

In Clayton v. Cleveland Clinic Foundation , an Ohio appellate court was faced with the issue of whether Ohio’s disability discrimination statute protects asymptomatic HIV as a “disability.” The court relied on the following exchange... Read More

Distinguishing State & Federal Disability-Accommodation Claims
Posted on 20 Mar 2012 by Eric Meyer

Let's say you operate a business in NJ. Your disabled employee comes to you requesting an accommodation for his disability. Does the mere failure to provide that accommodation trigger a claim under the New Jersey Law Against Discrimination (NJLAD... Read More

Title III, Service Animals, and Other Accommodations
Posted on 6 May 2015 by Ashley Kasarjian

It seems like Title III ADA questions are coming up more and more often these days. I wrote about the basics of Title III a while back , and figured it is time to post on it again. Typically when a company has questions relating to its obligations... Read More

When Might Firing A Medicinal Marijuana User Be Discriminatory?
Posted on 5 May 2015 by Eric Meyer

Ok. Let’s assume that I’m looking to fill another Blogprentice position here at the Bloggerdome. [ FYI – The Blogprentice’s job is to massage my scalp during those brief periods of writer’s block or when I get the vapors... 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