LexisNexis® Legal Newsroom
Featured Blogger - Jonathan Mook: The ADA Amendments Act: Expanding the Definition of Disability

As we have learned, the major purpose of the bipartisan ADA Amendments Act of 2008 is to liberate the definition of “disability” from the narrow definition adopted by the courts. How does the ADAAA do this? The answer is in several ways. To listen for free to my podcast on the ADA amendments...

Featured Blogger - Jonathan Mook: The ADA Amendments Act: What Are Major Life Activities and What Is “Substantially” Limiting?

Under the requirement of having an actual disability in both the original ADA and the ADA Amendments Act , a physical or mental impairment must substantially limit what is termed a “major life activity.” Under the original provisions of the ADA, passed in 1990, Congress did not define what...

Featured Blogger - Jonathan Mook: The ADA Amendments Act: The Product of a Remarkable Bi-Partisan Coalition

Like the original Americans with Disabilities Act of 1990, the ADAAA was the product of a broad coalition of Republicans, Democrats, disability rights advocates and employer and business groups coming together to enact legislation that they all could support. Many on both sides of the political aisle...

Featured Blogger - Jonathan Mook: The ADA Amendments Act: Final Thoughts and Compliance Tips

Over the last week, I have discussed a number of the major changes to federal disability law resulting from the enactment of the ADA Amendments Act of 2008 . The expansion in the definition of disability under the statute will impact both employers and employees alike as the number of persons entitled...

Jonathan Mook on EEOC’s Notice of Proposed Rules to Amend Current Americans with Disabilities Act Regulations (Podcast Transcript)

LexisNexis Podcast of Jonathan Mook on EEOC’s Notice of Proposed Rules to Amend Current Americans with Disabilities Act Regulations Posted October 20, 2009 Interview Conducted by Steve Berstler On this edition, Jonathan Mook of DiMuro Ginsberg, PC , in Alexandria, Virginia on the EEOC's...

CA: Federal Judge to Issue Ruling on Access to Medical Marijuana Under Americans With Disabilities Act

SANTA ANA, CA - The Orange County Register reports that U.S. District Judge Andrew Guilford is expected to issue his final ruling Tuesday with respect to the claims of four Orange County medical marijuana patients who say they have a right to access medical marijuana dispensaries under the Americans...

EEOC to Take Final Action on Rules Implementing ADA Amendments Act of 2008

WASHINGTON, D.C. - The EEOC plans to take final action in July 2010 to revise its Americans With Disabilities Act (ADA) regulations and accompanying interpretative guidance (29 CFR part 1630 and accompanying appendix) in order to implement the ADA Amendments Act of 2008. Pursuant to the 2008 amendments...

OK: Barriers Still Remain for Those Covered Under Americans with Disabilities Act

TAHLEQUAH, OK - The Tahlequah Daily Press is running a three-part series analyzing the impact of the Americans with Disabilities Act, this on the eve of the 20th anniversary of the ADA that will be celebrated July 26, 2010. Read the first part - Expo held to celebrate 20 years of disability rights...

The ADA at Twenty: A Time for Celebration and Reflection

Twenty years ago this month, President George H.W. Bush signed into law the most sweeping anti-discrimination measure enacted by the Congress since the passage of the Civil Rights Act of 1964 – the Americans with Disabilities Act of 1990 (“ADA”). The ADA, which then President Bush described...

Fed 1st Cir.: Case Offers Significant Insights Into “Essential Job Functions” Under ADA

Asheville, NC (CompNewsNetwork) - Our strategic partner, HR That Works!, notes that a federal appeals court decision provides some significant insight into what courts may consider to be “essential functions” and the importance of detailed job descriptions, in a case that arose under the...

Jonathan R. Mook on the New 2010 ADA Standards from the Departments of Justice and Transportation

In July 2010 the Dept. of Justice (DOJ) issued a final rule implementing accessibility provisions of the ADA. The DOJ is also seeking comments on proposed regulations on internet accessibility, movie captioning, and accessible equipment and furniture. In July, the Dept. of Transportation also issued...

United States: Comp Claimant’s Execution of Compromise and Release Containing General Release Barred Subsequent Federal Action Under ADA and Pennsylvania Human Relations Act

A federal district court recently held that plaintiff's execution of a Compromise and Release of his workers' compensation claim bars his right to raise claims under the ADA and the Pennsylvania Human Relations Act. Accordingly, the federal court dismissed plaintiff’s case with prejudice...

Arkansas: Claimant May Pursue Comp Benefits in Spite of Claim During EEOC Dispute That She Was Capable of Working

A divided Arkansas appellate court recently held that a former employer that paid $60,000 to a former employee to settle the latter’s EEOC & ADA charges might be entitled to at least a partial credit under Ark. Code Ann. § 11-9-807 against future workers’ compensation disability...

Federal: Facebook Comment Regarding Injured Worker’s Medical Condition May Subject Employer to Liability under ADA

A federal district court has refused to dismiss a civil action filed against a company by a former employee who claimed that a former coworker, who processed workers’ compensation claims for the company, violated § 102 of the Americans With Disabilities Act’s by posting a derogatory...

Workers’ Compensation, Return to Work, and the Americans with Disabilities Act

Best practices for complying with the spirit and law of the Americans with Disabilities Act as amended in 2009 Roger Rabb, J.D., Special Correspondent for the LexisNexis Workers’ Compensation eNewsletter Employers dealing with injured workers are often preoccupied in the early stages of the...

ACOEM Guidance on Marijuana in the Workplace: Keeping Employers Sane Amidst the Reefer Madness

Karen C. Yotis, Esq., a Feature Resident Columnist for the LexisNexis Workers’ Compensation eNewsletter , provides insights into workplace issues and the nuts and bolts of the workers’ comp world. For a Schedule I drug with no currently accepted medical use (at least according to the United...