Tag Archives: ADA

Federal Court Rules Inaccessible Website Violates Title III of the ADA

The Department of Justice’s (“DOJ’s”) often criticized rulemaking delays have resulted in no new website accessibility rules for places of public accommodation to receive notice of and implement. Notwithstanding the obvious due process concerns raised by these delays, more and more website accessibility cases are being threatened and filed every day. Most, not unexpectedly, settle. Winn-Dixie did not, and what happened next is worth a closer look.… Continue Reading

D.C. Court Rejects Judicial Estoppel Defense for Alleged Failure of Plaintiff to Schedule Employment Discrimination Claims in Bankruptcy Case

The U.S. District Court for the District of Columbia recently denied a motion to dismiss filed by Bravo! Facility Services, Inc. against a former employee who brought claims under the ADA, District of Columbia Human Rights Act, and the FMLA. Bravo! asserted that the plaintiff should be barred under the doctrine of judicial estoppel from asserting her claims because she initially failed to disclose her employment discrimination claims in her chapter 7 bankruptcy case filed after her employment terminated. … Continue Reading

Second Circuit Says Firing Disabled Worker Was Lawful

The Second Circuit recently held that Rite-Aid lawfully fired a long-tenured pharmacist after he refused to comply with the company’s new mandate that pharmacists administer immunizations. The Court’s decision overturned a jury verdict of $2.6 million in the pharmacist’s favor and reminds employers what it takes to show that a given function is “essential” and what accommodations are reasonable. … Continue Reading

Eleventh Circuit Nixes Disability Discrimination Claim Due to Employee’s Inability to Work Overtime

Employers increasingly feel that they are forced to bend, or sometimes even break, company rules to reasonably accommodate disabled workers under federal and state law. In a victory for employers, the Eleventh Circuit bucked this trend, holding that when mandatory overtime is established as an “essential function” of the job, a disabled employee who cannot work overtime is not a “qualified individual” under the Americans with Disabilities Act (“ADA”) and, thus, need not be accommodated.… Continue Reading

EEOC 2015 Litigation Statistics – Retaliation Claims Lead Pack

In February of 2016, the Equal Employment Opportunity Commission (“EEOC”) released detailed information and statistics summarizing the charges of discrimination that the agency received throughout its 2015 fiscal year. The recently released report provides helpful information regarding the types of charges that employees filed in the 2015 fiscal year, which ran from October 1, 2014 to September 20, 2015.… Continue Reading

Key Labor And Employment Cases Currently Pending Before the U.S. Supreme Court

Integrity Staffing Solutions v. Busk. Oral argument was heard on October 8, 2014. This case will resolve a circuit split on whether time spent by warehouse workers going through security is paid time. The Fair Labor Standards Act, as amended by the Portal to Portal Act, does not require an employer to compensate for activities that are preliminary or postliminary to their principle work.… Continue Reading

Telecommuting May Be A Reasonable Accommodation, Even For Jobs With “Teamwork” Requirements

On April 22, 2014, the Sixth Circuit reversed the district court’s dismissal of an ADA case against Ford Motor Company, finding that there was a fact issue as to whether telecommuting most days is a reasonable accommodation. In EEOC v. Ford Motor Company (No. 12-2484), the court addressed an increasingly common, yet persistently difficult, question:  … Continue Reading

Disability Still Matters in ADA Claims

With the Americans with Disabilities Amendments Act ("ADAAA") and its expansion of the definition of "disability," some would argue that the focus should no longer be on whether someone meets the definition of a "disability." The presumption being that it is much easier now to prove someone is "disabled" under the law. The Fifth Circuit Court of Appeals has recently issued a ruling contracting this assumption.… Continue Reading

District Court Rules Actual Disability Not Relevant To “Regarded As” Claim

A new case under the amended American with Disabilities Act (“ADA”) may add to employers’ confusion over how to handle medical and disability issues.   Butler v. Louisiana Dep’t of Pub. Safety & Corr., No. 3:12-cv-000420 (M.D. La. 2013).  In Butler, a state trooper alleged he was “regarded as” disabled by his employer, who allegedly thought … Continue Reading

Employers Beware: Psychiatry’s Latest Diagnostic Manual (DSM-5) Creates New Mental Disorders, Expands Others

For 60 years psychiatrists and other mental health professionals have been using the American Psychiatric Association’s “Diagnostic and Statistical Manual of Mental Disorders” (DSM) as the “bible” for diagnosing mental diseases and disorders.  Health and disability insurance providers  use the DSM in deciding what conditions and treatments to cover, as do government agencies in determining … Continue Reading

EEOC Wins $240 Million Jury Verdict

The Equal Employment Opportunity Commission (“EEOC”) announced that it won what it describes as a “historic” verdict last week when an Iowa federal jury awarded $240 million to a group of intellectually disabled plant workers who were subjected to disability-based discrimination and harassment.  The award is the largest in the agency’s history.  The EEOC’s General … Continue Reading

Mandatory Flu Vaccination Policies

The 2012-2013 flu season continues to take a toll on the workplace.  According to the Centers for Disease Control (”CDC”), this year’s flu season began four weeks earlier than most recent seasons and, as of the week ending March 9, 2013, flu season activity has remained elevated across the United States.  Having already taken the … Continue Reading

Will The Imposition Of Weight Restrictions In The Workplace Present A Hefty Problem For Employers Under The ADA?

We live in a society that is obsessed with appearance, and studies show that many people equate appearance to success.  While employers may not be aware of these studies, some are trying to control appearance in the workplace by imposing weight restrictions on job applicants or employees as a condition of employment.   Whether these policies … Continue Reading

Update: EEOC And Wellness Programs: The 11th Circuit Upholds Broward County’s Wellness Program

On August 20, 2012, the Eleventh Circuit Court of Appeals affirmed the ruling of the U.S. District Court for the Southern District of Florida in Seff v. Broward County, finding that premium surcharge imposed under Broward County’s employee wellness program did not violate the American with Disabilities Act (ADA) because it was part of a … Continue Reading

Another Court Finds EEOC Pattern And Practice Claims Subject To 300-Day Limitations Period

The U.S. District Court for the Western District of Pennsylvania held recently that the U.S. Equal Employment Opportunity Commission’s “pattern and practice” disability discrimination claims are subject to a 300-day limitations period, furthering a pronounced split among federal district courts on the issue.  In the case, the EEOC took the position that its pattern or … Continue Reading

The EEOC And Wellness Programs

As the 2013 open enrollment season approaches, group health plan sponsors are trying to hold down health care costs.  Implementing a wellness program may be part of that effort.  The difficulty lies in designing a program that promotes wellness without running afoul of the Equal Employment Opportunity Commission (EEOC).… Continue Reading

First-Grade Teacher With Seasonal Affective Disorder Entitled To A Room With A View

The Americans with Disabilities Act (ADA) prohibits discrimination against individuals with disabilities. Once an employer becomes aware of an employee’s disability, the ADA requires the employer to provide a “reasonable accommodation” to enable the employee to perform the essential functions of his or her job.  While the type of reasonable accommodation required can vary greatly … Continue Reading