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 Article Index » disability discrimination: 10 Most Recent Articles Report Link Second Circuit Dismisses ADA and FMLA Claims.Jackson Lewis LLP - March 03, 2010 Where regular attendance is an essential job function of a position, the Americans with Disabilities Act and the Family and Medical Leave Act would not shield from termination an employee chronically absent from work, a federal appeals court in New York has held. Report Link The Risk of Automatically Terminating Employees After Leave Expires.Young Conaway Stargatt & Taylor, LLP - February 09, 2010 The EEOC published a press release a few days ago about the distribution of a $6.2 million settlement it had reached with Sears, Roebuck & Co. The lawsuit had been filed in November 2004 in federal court in Chicago. The consent decree was entered and publicized on September 29, 2009 as the largest ADA settlement in a single case in EEOC history. Report Link Acceptable Phrases When Discussing Disabilities.Ballard Rosenberg Golper & Savitt - February 03, 2010 Employers and employees alike often struggle with how to communicate with or assist employees with disabilities. Report Link Ruling Highlights Need for Confidentiality of Medical Information Disclosed During Test Review.Jackson Lewis LLP - February 03, 2010 An applicant who was not hired after testing positive for drugs used to control his epilepsy was permitted to proceed with his lawsuit asserting claims under the Americans with Disabilities Act because there were factual issues whether the employer made an improper medical inquiry and denied employment on that basis. Report Link Eleventh Circuit Finds that Job Applicant Need Not Be Disabled Under the ADA to Sue for Prohibited Pre-Offer Medical Inquiry.Ford & Harrison LLP - January 26, 2010 Employers should be aware of a recent decision by the Eleventh Circuit (the federal appeals court with jurisdiction over Alabama, Georgia, and Florida) holding that a job applicant need not be "disabled" under the Americans with Disabilities Act ("ADA") to sue an employer for making a prohibited, pre-offer medical inquiry. See Harrison v. Benchmark Elecs. Huntsville Inc. (11th Cir. 2010). In Harrison, the Eleventh Circuit reversed a trial court's decision in favor of the employer and held that the plaintiff should be permitted to take his ADA claim to trial. Report Link Non-disabled individual can support claim of "improper medical inquiry" under the ADA.Ogletree Deakins - January 18, 2010 The Americans with Disabilities Act makes it illegal for employers to discriminate against disabled individuals. To that end, the Act includes a provision that, prior to an actual offer of employment, an employer “shall not conduct a medical examination or make inquiries of a job applicant as to whether such applicant is an individual with a disability or as to the nature or severity of such disability.” Report Link UNDERSTANDING REASONABLE ACCOMMODATION.Shaw Valenza LLP - January 13, 2010 To help prevent discrimination against employees with disabilities, both the federal Americans with Disabilities Act and the California Fair Employment and Housing Act require employers to provide an employee with a disability “reasonable accommodation.” This term means a modification or adjustment to the workplace that enables the employee to perform the essential functions (i.e., the primary duties) of the job. Report Link Damage Remedies for ADA Retaliation Limited by Ninth Circuit.Jackson Lewis LLP - January 07, 2010 In a case of first impression on the availability of certain types of damages in American with Disabilities Act cases, a federal appeals court in San Francisco has ruled that plaintiffs who prevail on ADA retaliation claims are entitled only to equitable relief, such as reinstatement and back pay. Alvarado v. Cajun Operating Co. d/b/a AFC Enters. Inc., No. 08-15549 (9th Cir. Dec. 11, 2009). Report Link Fear of potential violence by an impaired employee can be a legitimate non-discriminatory reason for termination.Ogletree Deakins - December 31, 2009 Under the Americans with Disabilities Act and parallel state statutes, an employer cannot take an adverse action against an employee because of that person’s disability or perceived disability. However, an employer is justified in taking such action if the action is based upon a legitimate business reason, and if that reason is not simply a pretext for discrimination. A Tennessee district court has held that firing an employee because of fear of potential violence by that individual is a “legitimate non-discriminatory reason” for an employee’s termination, in spite of the fact that the employee had been diagnosed with bi-polar disorder. Report Link Attendance at Work is an Essential Function of the Job in Most Instances.Ogletree Deakins - December 29, 2009 In an unpublished opinion, the 2d U.S. Circuit Court of Appeals has held that an employee of the New York City Department of Education could not establish a prima facie case of disability discrimination, because she could not prove herself to be “otherwise qualified” within the meaning of the Americans with Disabilities Act (ADA).
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