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Article Index » disability discrimination: 10 Most Recent Articles Report Link Proposed Regulations Under ADAAA.Phelps Dunbar LLP - November 17, 2009 The ADA Amendments Act of 2008 (ADAAA) was enacted on September 25, 2008, and became effective on January 1, 2009. This law made a number of significant changes to the definition of "disability." Congress directed the EEOC to amend its ADA regulation to reflect the changes made by the ADAAA. The EEOC approved a Notice of Proposed Rulemaking (NPRM) which was published in the Federal Register on September 23, 2009. Report Link Comment Period Open for Proposed Regs to the ADA Amendments Act of 2008.Vedder Price - November 09, 2009 The U.S. Equal Employment
Opportunity Commission
(“EEOC”) and the U.S.
Department of Justice (“DOJ”)
will be hosting a town hall
meeting in Chicago to invite
comments on the proposed
regulations to the ADA
Amendments Act of 2008 found
at www.eeoc.gov. The
agencies are encouraging input
on the regulations from the
perspectives of both the
business and disability
advocacy communities. Report Link Employer's Return-to-Work Evaluation Found Unlawful "Medical Exam" under ADA, Ninth Circuit Rules.Jackson Lewis LLP - November 06, 2009 Relying heavily on Equal Employment Opportunity Commission enforcement guidance, a federal appeals court in San Francisco has held that a physical capacity examination administered to an employee who had been on a medical leave of absence was an impermissible “medical examination” under the Americans with Disabilities Act. Indergard v. Georgia-Pacific Corp., No. 08-35278 (9th Cir. Sept. 28, 2009). The Court reversed summary judgment in favor of the employer. The Ninth Circuit has jurisdiction over Alaska, Arizona, California, Hawaii, Idaho, Montana, Nevada, Oregon, and Washington. Report Link Service Animals That Provide Psychiatric Service.Young Conaway Stargatt & Taylor, LLP - November 03, 2009 Last week, I posted twice on the recent controversy surrounding service animals. (See Table for Two, Please--Me and My Seeing-Eye Horse; Quit Monkeying Around: Court Rules Monkey Is Not a Service Animal). Apparently, I’m not the only one who finds the issue interesting. Report Link Termination of Teacher After Her Complaints on Behalf of Disabled Students Can Support May Constitute ADA Retaliation.Ogletree Deakins - November 03, 2009 The 9th U.S. Circuit Court of Appeals has held that a teacher’s statements on behalf of disabled students were “protected activity” under the ADA, and that the teacher had standing to sue for retaliation under the ADA and Section 504 of the Rehabilitation Act. Report Link Quit Monkeying Around: Court Rules Monkey Is Not a Service Animal.Young Conaway Stargatt & Taylor, LLP - October 27, 2009 Service animals provide assistance to persons with disabilities in a number of ways. Last week, I wrote about the seeming confusion surrounding “non-standard” service animals, like a boa constrictor and a “seeing-eye horse.” The U.S. DOJ published proposed revisions in an attempt to clarify what animals do and do not qualify as service animals for purposes of the ADA. The proposed regulations relating to service animals (PDF) would exclude the boa constrictor (and other snakes and reptiles), as well as rabbits, farm animals, ferrets, and wild animals, including monkeys born in captivity. Explaining the perceived need for the changes, the DOJ stated: Report Link Disabled employees must provide corroborating evidence of non-obvious, medically necessary accommodations. Ogletree Deakins - October 26, 2009 Under the Americans with Disabilities Act, employers and employees are required to engage in an interactive process with respect to a disabled employee’s request for a reasonable accommodation. In cases of psychological disability - depression, for example - necessary accommodations may be non-obvious to the employer. In those cases, courts have held that in order to trigger an employer’s obligation to provide accommodation, a disabled employee must make the employer aware of any non-obvious, medically necessary accommodations by supplying corroborating evidence, such as a doctor’s note or statement. Recently, the 7th U.S. Circuit Court of Appeals reversed a lower court’s dismissal of a case, and found that a school failed to engage in the required interactive process after a teacher provided a doctor’s statement that linked the teacher’s Seasonal Affective Disorder depression to the lack of windows in her classroom. Report Link EEOC’S PROPOSED ADAAA REGULATIONS.Shaw Valenza LLP - October 23, 2009 The Americans With Disabilities Act’s (“ADA”) employment provisions became operative in 1992. Since then, the Equal Employment Opportunity Commission (“EEOC”) has issued hundreds of pages of regulations, technical assistance, and whitepapers. The courts have issued countless opinions interpreting the act. And employers, consultants, and doctors have implemented policies and protocols for dealing with applicants’ and employees’ requests for reasonable accommodation. Report Link EEOC Town Hall Listening Session re: ADAAA in Philadelphia Oct. 30Young Conaway Stargatt & Taylor, LLP - October 23, 2009 The Americans With Disabilities Act (ADA), was amended in September 2008 by the ADA Amendments Act of 2008 (ADAAA), which took effect on January 1, 2009. The ADAAA emphasizes that the definition of disability should be construed in favor of broad coverage of individuals to the maximum extent permitted by the terms of the ADA and generally shall not require extensive analysis. In other words, the Amendments Act expanded who qualifies as “disabled” for the purposes of the ADA’s protections. The new law makes it easier for an individual to establish that he or she has a disability within the meaning of the ADA. Report Link The ADA at Nineteen: Footloose and Fancy Free.Baker, Donelson, Bearman, Caldwell & Berkowitz, PC - October 23, 2009 Since its passage in 1990, no other federal employment law has engendered more celebration or controversy than the Americans With Disabilities Act. Like the unruly teenager it is, you can't turn your back on the ADA for a moment without the Act reasserting itself. This past month was no exception.
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ArticlesFound: 10 ArticlesNO SUBTOPICSEmployment Law Seminars
2010 Ushers In Many Important Changes to Workplace Laws
Columbia
November 20, 2009 Fisher & PhillipsANNUAL EMPLOYMENT LAW UPDATESacramento
December 1, 2009 Shaw ValenzaMonthly Webinar: Preventing Workplace Harassment (California and National)Webinar
December 1, 2009 LittlerCalifornia Legally Required Sexual Harassment Training: It's Never Too Late to ComplySan Francisco
December 1, 2009 Fisher & PhillipsThe Constangy Management Training Center "Employment Law 201"Tampa
December 2, 2009 ConstangyCalifornia Legally Required Sexual Harassment Training: It's Never Too Late to ComplyOntario
December 2, 2009 Fisher & PhillipsAudio Conference: Employee Caregivers Dealing With DementiaAudio Conference
December 2, 2009 Young ConawayClients, Adversaries and Witnesses: The Ethics of Communication in a Fast-Paced Legal World Web CastWebinar
December 4, 2009 Ford & HarrisonTaking Executive Compensation Hostage; What To DoWebinar
December 8, 2009 Baker HostetlerPREVENTING HARASSMENT AND OTHER EEO ISSUES AT WORK: IT’S ALL ABOUT RESPECT (AB 1825 COMPLIANCE)Sacramento
December 9, 2009 Shaw Valenza |
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