Tag Archives: Disability

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

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

NYC Expands Human Rights Law to Require Employers to Reasonably Accommodate Pregnant Workers

On October 2, 2013, New York City Mayor Michael Bloomberg signed into law an amendment to the city’s Human Rights Law (“NYCHRL”), expanding the scope of the pregnancy discrimination protections provided under the law.  Although discrimination on the basis of an employee’s pregnancy has long been prohibited under the NYCHRL, as well as under state … Continue Reading

UPDATED: OFCCP Publishes New Rules for Veterans/Disabled – Effective March 2014

On September 24, 2013, the Office of Federal Contract Compliance Programs (OFCCP) published two rules that impose new affirmative action obligations toward veterans and individuals with disabilities. These rules, issued under VEVRAA (Vietnam Era Veterans Readjustment Assistance Act) and Section 503 of the Rehabilitation Act, create significant new burdens for covered federal contractors and subcontractors. … Continue Reading

OFCCP Publishes New Rules for Veterans/Disabled – Effective March 2014

On September 24, 2013, the Office of Federal Contract Compliance Programs (OFCCP) published two rules that impose new affirmative action obligations for veterans and individuals with disabilities.  These rules, issued under VEVRAA  (Vietnam Era Veterans’ Readjustment Assistance Act) and Section 503 of the Rehabilitation Act, create significant new burdens for covered federal contractors and subcontractors. … 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

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

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

Legislative Update: Fair Wages For Workers With Disabilities Act Of 2011

A little known law that permits the disabled to be paid sub-minimum wage is currently under attack. To foster employment opportunities for disabled workers in the mainstream workforce, the Fair Labor Standards Act (FLSA)  has contained, since its passage, a relatively unknown provision under Section 14(e) that allows employers to pay disabled workers sub-minimum wages as … Continue Reading

ADA And GINA: The EEOC Suggests That Additional Layers Of Privacy Protections For Employee Health Information May Be Necessary

The EEOC recently released an informal discussion letter suggesting that employers may be obligated to do more than just maintain a separate file for employee medical records, especially when those records are in an electronic format. Both the Americans with Disabilities Act of 1990 (“ADA”), as amended, and the Genetic Information Non-Discrimination Act of 2008 … Continue Reading

Recent Trends: Increase In ADA Lawsuits Expected With New ADA Regulations

Disability discrimination claims have long been difficult for employees to pursue in court. Although employers are often grappling with reasonable accommodation and leave issues in the workplace, such issues have typically not spilled into the courtroom. One reason for that has been the difficulty in proving an employee has a “disability.” The final regulations issued by the EEOC … Continue Reading

As The EEOC World Turns In 2011

The 2010 fiscal year was a busy one for the EEOC as employees filed a record number of charges.  See A Year In Review: EEOC Charges & Trends.  This wave of charges is historic — not just because of the number of charges filed, but also because of the evolving trends in the types of … Continue Reading

Accessibility Plaintiff’s Complaint Deemed “Judicially Defective”

In Byron Chapman v. Pier 1 Imports (U.S.), Inc., — F.3d — (9th Cir. Jan. 7, 2011), a unanimous Ninth Circuit en banc panel reversed the trial court finding that the plaintiff had standing to pursue claims for alleged barriers against Pier 1, instead holding that plaintiff’s complaint was “jurisdictionally defective” and that plaintiff “lacked standing … Continue Reading

Is The Bad Economy Fueling Employment Discrimination Claims?

Expanding on our December 21 post, the U.S. Equal Employment Opportunity Commission on January 11, 2011, announced that private sector workplace discrimination charge filings reached the “unprecedented level” of 99,922 during fiscal year 2010, which ended on September 30, 2010.  According to the data, all major categories of charge filings in the private sector, including … Continue Reading

Among Recent Lawsuits Filed By The EEOC, Disability, Retaliation Claims Most Prevalent, Employer Size Varies

With the closing of the first month of the federal government’s 2011 fiscal year, employers may be curious to know what the EEOC’s litigation landscape looks like.  For instance, what type of employers are being sued, and for what?  Importantly, what can employers learn from the EEOC’s litigation efforts?  A review of recently filed lawsuits … Continue Reading
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