LexisNexis® Legal Newsroom
Distinguishing State & Federal Disability-Accommodation Claims

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)? What about under the Americans with Disabilities...

Can an Employer Insist on Regular Attendance Without Violating the ADA? Maybe.

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" -- is an essential function of the job, and...

What If…? Internet Use as a Disability

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 Program for alcoholism treatment was also treated...

Asymptomatic HIV Is a “Disability,” No Matter What One Appellate Court Said

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 from the plaintiff’s deposition to conclude...

When Might Firing A Medicinal Marijuana User Be Discriminatory?

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, rub my feet at all other times, plus whatever...

Title III, Service Animals, and Other Accommodations

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 under the ADA, the questions relate to the company’s...