Total Articles: 76
Disability Discrimination Law Is a Mess in More Than Ohio
Jon Hyman, at Ohio Employer's Law Blog who does a great job of keeping up with developments in the Buckeye state and beyond, has an interesting post about the differences of the definition of disability under the ADA and the Ohio state version. Because of that difference, it's hard not to agree with his conclusion, Disability discrimination law in Ohio is a mess.
10 reasons for employers to be jolly about the ADA (says the EEOC)
The American Bar Association sponsored a webinar this week on the Americans with Disabilities Act, which was noteworthy for its inclusion of EEOC commissioners Chai Feldblum (Democrat) and Victoria Lipnic (Republican).
Should employers require employees to have flu vaccinations?
Thinking about requiring your employees to get flu shots? It’s tempting: A survey from Walgreen’s drugstore chain found that companies paid more than $10 billion in paid sick days during the 2010-11 flu season.
But the legal headaches from mandating the vaccination might be more painful than the aches and chills of the flu itself, said Edel Cuadra, a partner in the Dallas office of national labor and employment law firm Constangy, Brooks & Smith, LLP. Forcing employees to get flu shots brings up issues with the U.S. Equal Employment Opportunity Commission, Title VII of the Civil Rights Act and the Americans with Disabilities Act Amendments Act (ADAAA).
Staking out the EEOC and its wave of ADA suits against employers
I feel as if all I ever do these days is write about the Americans with Disabilities Act, but what else can I do? In the last six weeks, the Equal Employment Opportunity Commission has filed 21 lawsuits -- count em, 21! -- against employers alleging disability discrimination.
REQUIRING EMPLOYEES TO SUBMIT TO FITNESS-FOR-DUTY EXAMS
Suppose an employee stocks incoming products in the back of a retail store. He operates a forklift. The supervisor recently noticed the employee nearly dozed off on a few occasions while operating the forklift, and seems lethargic at other times. After the employee nearly runs over another worker, the supervisor calls Human Resources and asks whether the employee can be forced to obtain medical clearance to work.
No More "Business As Usual": ADAAA Regulations Will Be a Bear for Employers
The Americans with Disabilities Act Amendments Act of 2008 and the Final Rule interpreting the ADAAA, which was issued last month by the U.S. Equal Employment Opportunity Commission, will mean significant changes for employers who are dealing with employees' medical conditions.
Final ADA Regulations Confirm Much Broader Scope of the Law’s Protections
The U.S. Equal Employment Opportunity Commission (EEOC) on Friday, March 25, 2011, issued its long-anticipated final regulations implementing the ADA Amendments Act of 2008 (ADAAA). The regulations take effect on May 24, 2011.
EEOC Issues Final Regulations to Americans with Disabilities Act Amendments Act
On March 24, 2011, the Equal Employment Opportunity Commission (“EEOC”) issued final regulations implementing the Americans with Disabilities Act Amendments Act (“ADAAA”). The ADAAA, which became effective January 1, 2009, rejected a series of Supreme Court decisions that had narrowly construed the term “disability.” Although the ADAAA did not redefine the meaning of disability, it expanded the number of people who could qualify as being disabled by, among other things, lowering the threshold for establishing that an impairment “substantially limits” a major life activity.
WE'RE ALL INDIVIDUALS WITH DISABILITIES NOW
The Equal Employment Opportunity Commission just issued final regulations interpreting the Americans With Disabilities Act Amendments Act of 2008. Published at 29 CFR Part 1630, the new regulations take effect on May 14, 2011. Employers and their lawyers should become familiar with the Commission's new interpretation of the Act's definition of "disability."
EEOC Issues Final ADAAA Regulations
The Equal Employment Opportunity Commission issued its final regulations implementing the Americans with Disabilities Act Amendments Act of 2008 (ADAAA). The regulations take effect on May 24, 2011, and make it clear that the burden is lessened on employees and other individuals to establish that they are disabled or otherwise covered under the ADA. The regulations demonstrate the EEOC's desire to shift the focus from whether an individual is disabled to whether the employer complied with its legal obligations.
EEOC Issues ADAAA Regulations.
The ADA Amendments Act of 2008 (ADAAA) made a number of significant changes to the definition of “disability” under federal law. The EEOC published its final regulations for the amendments on March 25, 2011.
EEOC has issued final regulations implementing the ADAAA.
The ADA Amendments Act (ADAAA) was signed into law by President George W. Bush on September 25, 2008. On March 25, 2011, and after review of over 600 public comments, the Equal Employment Opportunity Commission (EEOC) issued final regulations implementing the enforcement of that Act. Check the EEOC’s website at www.eeoc.gov for a summary of the provisions of those regs (Fact Sheet on the EEOC’s Final Regulations).
EEOC Issues Final ADA Regulations
The Equal Employment Opportunity Commission (EEOC) on Friday, March 25, 2011 issued its long-anticipated final regulations implementing the ADA Amendments Act of 2008 (ADAAA). The regulations take effect on May 24, 2011.
EEOC Revises ADA Regulations
On March 25, 2011, the Equal Employment Opportunity Commission (EEOC) issued its final revised Americans with Disabilities Act regulations, implementing the changes brought about by the ADA Amendments Act of 2008 (the ADAAA). The final regulations become effective on May 24, 2011.
DOJ's Amended Rule Relating to Titles II and III of the ADA Now in Effect
On March 15, 2011, the U.S. Department of Justice's (DOJ) amended Final Rule, which institutes substantial revisions and expansions to the regulations implementing the Americans with Disabilities Act (ADA), became effective. The new regulations apply to Title II of the ADA (28 C.F.R. Part 35), which covers programs, activities, and services of public entities (such as state and local government offices, public schools, and state licensing and exam centers) and Title III of the ADA (28 C.F.R. Part 36), which covers public accommodations and commercial facilities (such as non-government offices, restaurants, retail stores, hotels, movie theaters, and sports stadiums).
New ADA Rules Provide Much Needed Clarification
After a lengthy wait, the Equal Employment Opportunity Commission (EEOC) has issued final regulations and interpretive guidance for the Americans With Disabilities Amendments Act (ADAAA), the new disability law which was passed in 2008. Many employers were prepared for the worst after the agency first proposed dramatic and game-changing regulations in 2009 which would have tilted the playing field even further in favor of employees. Although the final regulations published on March 24, 2011 strongly emphasize that the law's coverage is to be quite broad, the EEOC pulled back from its original position and published regulations that are fairly consistent with the statute.
EEOC Issues Final ADA Amendments Act Regulations
The EEOC’s final regulations implementing the ADA Amendments Act of 2008 (“Amendments Act”) were published in the Federal Register on March 25, 2011, and will be effective on May 24, 2011. As anticipated, the regulations make it much easier for employees to establish that they are “disabled” within the meaning of the ADA.
EEOC Releases New ADA Regulations, Implementing 2008 ADA Amendments Act
The Equal Employment Opportunity Commission has released long-awaited Final Regulations implementing the ADA Amendments Act (ADAAA). The ADAAA was signed into law on September 25, 2008, and became effective on January 1, 2009. The Final Regulations will become effective on May 24, 2011, 60 days from March 25, 2011, the date they were published in the Federal Register.
EEOC Releases Long-Awaited Final Rule on ADAAA
On March 24, 2011, the Equal Employment Opportunity Commission released its much anticipated Final Rule ("Final Regulations") implementing the American with Disabilities Act Amendments Act of 2008 ("ADAAA"). The Final Regulations will be published in the Federal Register on March 25, 2011.
EEOC Issues Final Rule on ADA Amendments Act
The Equal Employment Opportunity Commission has issued a Final Rule interpreting the provisions of the Americans with Disabilities Act Amendments Act, which was enacted toward the end of the Bush Administration in 2008 and took effect in January 2009. The ADAAA dramatically expands the definition of who is "disabled" but does not change longstanding law on reasonable accommodations, employment-related medical examinations, confidentiality, or drug testing.
EEOC Releases Final Regulations to ADA Amendments Act
Yesterday, the Equal Employment Opportunity Commission (EEOC) released the much-anticipated final regulations (PDF) for the ADA Amendments Act of 2008. The EEOC will publish the regulations in the Federal Register today, and they will become effective in 60 days, on May 24, 2011. The EEOC has issued a press release highlighting the release of the new regulations. It also has drafted a "Questions and Answers" guidance sheet and a fact sheet to better aid employers in understanding the final regulations.
EEOC Announces Final Regulations for the ADA Amendments Act
On March 24, 2011, the U.S. Equal Employment Opportunity Commission (EEOC) published its final regulations implementing the ADA Amendments Act (ADAAA). The regulations, which may be viewed on the Federal Register website at www.ofr.gov, are designed to simplify the determination of who has a “disability” under the newly-revised law. The EEOC has also released two Question-and-Answer documents about the regulations to aid employers in understanding the law and new regulations at www.eeoc.gov/laws/statutes/adaaa_info.cfm.
Hospitality Industry: Changes In ADA Accessibility Standards Are On The Way.
On July 26, 1990, President George H. W. Bush signed into law the Americans with Disabilities Act (ADA). The ADA provided broad anti-discrimination prohibitions against disabled individuals in several areas, including employment, state and local government services and facilities, public accommodations, and telecommunications.
Hospitality Industry: Gone To The Dogs: Rules on Service Animals to Become Much Stricter
Regulations issued in 1991 following the enactment of the Americans with Disabilities Act (ADA) required that public accommodations (which include restaurants, hotels, retail establishments, theaters and concert halls) modify their policies, practices, or procedures to permit the use of a service animal by an individual with a disability. Essentially this means that service animals accompanying persons with disabilities have to be admitted to establishments with policies otherwise excluding pets or other animals.
City May Require Doctor’s Note from Workers Returning from Sick Leave, Federal Court Rules
A city’s directive requiring employees returning to work from sick leave or restricted duty to submit a doctor’s note to their immediately supervisor stating the “nature of the illness” does not violate federal disability law, the federal appeals court in Cincinnati has ruled.
Changes In ADA Accessibility Standards Are On The Way
On July 26, 1990, President George H.W. Bush signed into law the Americans with Disabilities Act (ADA). The ADA provided broad anti-discrimination prohibitions against disabled individuals in several areas, including employment, state and local government services and facilities, public accommodations and telecommunications.
Recent EEOC Lawsuits Reinforce Need for Flexible Extended Leave Policies.
When the ADA Amendments Act went into effect in
January of 2009, prudent employers shifted their
focus from questioning whether an employee was
truly disabled, and thus covered by the ADA, to
responding to accommodation requests and
engaging in the interactive process.
National Disability Employment Awareness Month 2010
Employers may want to take advantage of a new online toolkit to facilitate the return-to-work process for employees following a disability-related leave of absence. The toolkit is intended to provide guidance to both employees and employers with the goal of getting employees back to work as soon as possible. The employer toolkit includes tips for possible accommodations, such as changes to work duties or schedules. The site also includes suggestions for ways to reduce workers compensation costs and improve workplace safety.
The Office of Disability and Employment Policy Releases a Return-to-Work Toolkit for Employers and Employees
President Obama declared October as "National Disability Employment Awareness Month 2010." To that end, the Office of Disability and Employment Policy (ODEP) recently released an online return-to-work toolkit for employers and employees. According to the ODEP, this toolkit is intended to offer insight into the return-to-work process and apprise employers and employees about their rights and responsibilities following an employees disability-related leave of absence.
Having It the ADA Way at Burger King - Getting and Staying Compliant After a Class Action Lawsuit
A recent class action settlement approved by a federal court in California purports to be one of the largest of its kind.1 The settlement involved 10 Burger King restaurants in California leased by Burger King to franchisees. In the lawsuit, wheelchair and mobility scooter users alleged that architectural barriers and policies at certain California Burger King restaurants denied equal access to them in violation of the Americans with Disability Act (ADA) and California disability access laws. Architectural barriers are physical features that limit or prevent people with disabilities from obtaining the goods or services that are offered.
Cautionary Comments as the ADA Nears Adulthood.
Turning 21 is a much bigger deal than turning 20 if you are one who is looking forward to consuming adult beverages legally. But if you are a statute, twenty years is a nice point for others to weigh in on your success.
OFCCP Issues Advance Notice of Proposed Rulemaking Regarding Employment of People with Disabilities.
We previously outlined how the U.S. Department of Labor's Office of Federal Contract Compliance Programs (OFCCP) was ramping up enforcement for covered federal contractors and giving heightened scrutiny to issues involving disabled individuals. See our Legal Alert dated March 25, 2010, "OFCCP Update," available on our web site at: http://www.fordharrison.com/shownews.aspx?show=5950. On July 23, 2010, consistent with this renewed emphasis on the disabled, the OFCCP issued an Advanced Notice of Proposed Rulemaking, (ANPRM) available at: http://www.regulations.gov/search/Regs/home.html#documentDetail?R=0900006480b1fd5a, soliciting public input on how to ensure equal employment opportunity for people with disabilities by strengthening the affirmative action requirements of the regulations implementing Section 503 of the Rehabilitation Act of 1973 (Section 503).
MIS-FIRING FOR MISCONDUCT.
A client seeking advice about firing an employee who curses, throws things, or even makes threats of bodily harm expects a green light. A competent employment lawyer usually may oblige without significant risk. Usually.
Employees With Medical Marijuana.
One of the most common questions I hear from clients is: "We have an employee with a medical marijuana card; what do we do?" Employers often are unsure about their rights and responsibilities when it comes to dealing with employees who hold the legal right to smoke marijuana in the state of Oregon. Many are concerned that such employees are immune from discipline, and have the legal right to smoke pot in the workplace without consequences. Others believe firmly that they can terminate any such employee without a second thought, but want confirmation before they pull the trigger.
Acceptable Phrases When Discussing Disabilities.
Employers and employees alike often struggle with how to communicate with or assist employees with disabilities.
FIRED ADVOCATE FOR THE DISABLED MAY SUE FOR RETALIATION.
The Ninth Circuit U.S. Court of Appeal recently charted new territory by allowing a non-disabled employee to sue her employer under the anti-retaliation provisions of the Americans With Disabilities Act and the Rehabilitation Act.
Comment Period Open for Proposed Regs to the ADA Amendments Act of 2008.
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.
Quit Monkeying Around: Court Rules Monkey Is Not a Service Animal.
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:
EEOCS PROPOSED ADAAA REGULATIONS.
The Americans With Disabilities Acts (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.
EEOC Town Hall Listening Session re: ADAAA in Philadelphia Oct. 30
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 ADAs 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.
Legal Alert: EEOC Releases Proposed Regulations Implementing the ADAAA
The Equal Employment Opportunity Commission (EEOC) has published a Notice of Proposed Rulemaking (NPR) containing proposed amendments to its Americans with Disabilities Act (ADA) Regulations and Interpretive Guidance that reflect changes made by the Americans with Disabilities Act Amendments Act of 2008 (ADAAA). The NPR was published in the Federal Register on September 23, 2009. The EEOC will accept comments on the proposed regulations until November 23, 2009. The EEOC has also published a Question and Answer (Q/A) document on its web site, http://www.eeoc.gov/policy/docs/qanda_adaaa_nprm.html, which addresses some of the changes of the proposed regulations.
EEOC Gives Guidance on ADA Amendments Act.
On September 23, 2009, the EEOC published
proposed regulations interpreting the ADA
Amendments Act of 2008 (ADAAA). The ADAAA
became effective January 1, 2009 and signifi cantly
expanded the coverage of the Americans with
Disabilities Act (ADA). As explained in prior
newsletters, the effect of the ADAAA is that many
more individuals are now covered by the ADA and
eligible for reasonable accommodation. The EEOC
is accepting public comments on its proposed
regulations through November 23, 2009, and will
issue fi nal regulations at some point thereafter. We
do not expect the EEOC to make signifi cant changes
from the proposed regulations issued on
September 23.
EEOC Issues Long-Awaited ADA Guidelines.
Approximately one year after former President Bush signed the ADA Amendments Act (ADAAA), the EEOC has finally issued proposed regulations and an Interpretive Guidance for public comment. As expected, the new regulations make significant changes in how certain terms under the ADA are defined, which certainly will give rise to more disability claims. Here is a summary of the most significant changes and guidance to the regulations.
Start Out 2009 Right With This Employment Law.
As you plan for 2009, every employer should take steps to address the amendments to the Americans with Disabilities Act (ADA), the new Family and Medical Leave Act (FMLA) regulations, and the anticipated passage of the Employee Free Choice Act (EFCA). The following is a suggested "to do" list.
President Signs Major Overhaul Of The ADA.
President George W. Bush has signed into law a measure (S. 3406) that significantly amends the Americans with Disabilities Act (ADA). Ironically, the original ADA was signed in 1991 by his father, former President George H.W. Bush. The ADA Amendments Act of 2008, which was negotiated by business groups and the disability and civil rights communities (together with its principal congressional sponsors), passed the Senate by unanimous consent on September 11, and it was approved by voice vote in the House on September 17.
Amendments to Americans With Disabilities Act Signed Into Law.
On September 25, 2008, President Bush signed into law the ADA Amendments Act of 2008 (ADAAA), overturning a series of decisions by the U.S. Supreme Court under the Americans With Disabilities Act (ADA) and expanding the scope of medical conditions protected by the law. The ADAAA states that the purpose of the amendments is to carry out the ADAs objectives . . . by reinstating a broad scope of protection to be available under the ADA.
Is the ADA Amendments Act Retroactive?
As discussed in prior Legal Alerts, the ADA Amendments Act (ADAAA) expands the definition of who is "disabled" under the law. The ADAAA specifically states that its provisions become effective on January 1, 2009.
Education Labor Letter: Don't Be Handicapped By The "New" ADA.
Schools already receive a number of requests for accommodation based on students' or employees' mental or physical impairments. They can now expect to see more requests and potentially will have to provide more accommodations. On January 1, 2009, the amendments to the Americans With Disabilities Act (ADA) become effective.
NEW LAW AIMS TO ENCOURAGE COMPLIANCE WITH DISABLED ACCESS RULES.
Last year we wrote about laws related to the access rights of persons with disabilities to public establishments. We discussed data suggesting that while public access laws increase the quality of life for persons with disabilities, these laws have also led to vexatious litigation against property owners who are not given the opportunity to remedy compliance issues before incurring substantial penalties. In an effort to encourage a proactive approach to dealing with access issues, the Governor recently signed Assembly Bill 1608 (SB 1608). While SB 1608 does not provide for the safe harbor or cure period property many business advocates have sought, the new law will likely reduce owners liability for access issues through preventive measures.
EEOC Guidance on Applying Performance and Conduct Standards Under the ADA.
Within the past few months, the EEOC issued guidance entitled "The Americans with Disabilities Act: Applying Performance and Conduct Standards to Employees with Disabilities." Recently, the EEOC updated the guidance to conform to the Americans with Disabilities Act Amendments Act of 2008.
ADA Amendments Act to Take Effect January 1
On September 25, 2008, President George W. Bush signed into law the Americans with Disabilities Act Amendments Act of 2008, which liberalizes the definition of disability and means that a dramatically larger population will be considered disabled and protected by the ADAs prohibitions on discrimination and its reasonable accommodation requirements. The ADAAA amendments will become effective January 1, 2009.
ADA Update: President Bush Signs Legislation Amending ADA.
President Bush signed legislation on Thursday, September 25th significantly amending the federal Americans with Disabilities Act. The President signed the legislation shortly after the House of Representatives passed the legislation on Wednesday.
Congress Expands ADA Coverage.
Since the Americans with
Disabilities Act (ADA) became
law in 1990, the United States
Supreme Court and many
lower federal courts have
interpreted the statute in a
way that has narrowed the
population of persons who are
considered to be disabled
and therefore proteced under
the law. This is about to
change. On September 25,
2008, the President signed
the ADA Amendments Act,
which becomes effective
January 1, 2009. These
amendments are intended to
legislatively overrule a series
of Supreme Court decisions
and make it easier for
persons to qualify for
protection under the ADA.
They no doubt will accomplish
that purpose.
President Signs ADA Amendments Act.
On September 25, 2008 President Bush signed into law the Americans with Disabilities Act Amendments Act of 2008 (ADAAA). The statute, which expands protection of persons with disabilities in the workplace, will become effective on January 1, 2009.
Amendments to Americans With Disabilities Act Signed Into Law.
On September 25, 2008, President Bush signed into law the ADA Amendments Act of 2008 (ADAAA), overturning a series of decisions by the U.S. Supreme Court under the Americans With Disabilities Act (ADA) and expanding the scope of medical conditions protected by the law. The ADAAA states that the purpose of the amendments is to carry out the ADAs objectives . . . by reinstating a broad scope of protection to be available under the ADA.
It's Official: President Bush Signs ADA Amendments Act.
Yesterday President Bush signed the Americans with Disabilities Amendments Act into law, which liberalizes the definition of "disability" and will dramatically increase the number of employees who are protected by the ADA's non-discrimination and reasonable accommodation provisions. To see the text of the ADAAA, click here. The new provisions take effect January 1, 2009.
THE ADA AMENDMENTS ACT.
President Bush is expected to sign what is now called the ADA Amendments Act of 2008 (ADAAA). Formerly known as the ADA Restoration Act, Congress passed the ADAAA earlier this month. The ADAAA is intended to revise aspects of the original ADA, which President George H.W. Bush approved in 1990.
THE ADA AMENDMENTS ACT: COMING SOON TO A WORKPLACE NEAR YOU (pdf).
Following a summer of blockbuster releases in movie theaters across the country, Congress is
delivering its own big-budget thriller to Americas employers. The ADA Amendments Act of 2008
(ADAAA) was passed by Congress on September 17, 2008, and is expected to be signed by President Bush in the near future. Once it becomes law, the ADAAA will go into effect January 1, 2009.
FLESHING OUT THE ADA.
Americans with Disabilities Act's employment provisions took effect in July 1992. The courts, employers and their lawyers, are still trying to get it right. The law is different from other anti-discrimination laws. Most employment laws prohibiting discrimination command equal treatment. The ADA, though, requires something more: equal treatment via "reasonable accommodation." The form and extent of the accommodation obligation has vexed everyone who works with the ADA, particularly those who do not regularly interpret or apply the statute. In California, the task is made more difficult by the Fair Employment and Housing Act's more inclusive definition of "disability."
Congress Approves ADA Amendments Act.
On September 17, 2008 the U.S. House of Representatives approved legislation passed by the Senate earlier this month, which amends the Americans with Disabilities Act (ADA). The ADA Amendments Act of 2008 overturns a series of U.S. Supreme Court decisions that narrowly interpreted the ADA.
On to the President's Desk . . . House Passes ADA Amendments Act.
Yesterday the U.S. House of Representatives passed the Senate version (S. 3406) of the Americans with Disabilities Amendments Act by voice vote. The bill will now go to President Bush, who has said that he will sign it.
Meet the New ADA: Massive Changes Ahead for Nation's Employers.
In perhaps the most sweeping change to the face of employment law in over 10 years, the recent passage of the "ADA Amendments Act" will mean a massive change for most of the country's employers. These changes, which will go into effect on January 1, 2009, will not only have a tremendous impact on the defense of employment litigation claims, they will require almost all human resource professionals, managers, and business owners to adopt new policies and procedures in dealing with accommodation requests.
ADA Amendments Act Unanimously Passes Senate.
The U.S. Senate unanimously passed the Americans with Disabilities Act Amendments Act of 2008 (S. 3406) yesterday, after a compromise reached by employer and business groups, and the disability rights community.
Hospitality Labor Letter: BYOGC Policy Doesnt Cut It Under ADA.
Most golf courses that allow golf carts provide them to players; most of the time players aren't told they can bring their own. Three patrons with serious mobility impairments, who wanted to play golf at a course managed by Marriott International, didn't like being told to bring their own specialized carts. They filed a lawsuit alleging violations of Title III of the ADA and of California state law.
Hospitality Labor Letter: Don't Put Litigation on the Menu.
In light of a recent federal court decision, restaurateurs should reevaluate how their employees handle requests by disabled patrons.
The Latest Litigation Rage: Public Accessibility Lawsuits Against Retail Establishments.
Title III of the Americans with Disabilities Act (ADA) requires retail stores and other public accommodations to accommodate disabled patrons, guests, and members of the public, to the greatest extent possible. Title III specifies that no individual with a disability may be discriminated against or denied the full use of "goods, services, facilities, privileges, advantages or accommodations" offered by a "public accommodation."
Disability as a Justification for Employees' Misconduct?
Anti-discrimination laws that prohibit disability discrimination - such as the Americans With Disabilities Act - are among the most difficult employment laws for employers to administer and for employment lawyers to litigate. The law prohibiting disability discrimination differs from most other anti-discrimination laws. The most obvious distinction is that treating employees consistently will defeat most discrimination claims based on race, sex and other protected criteria.
Smells Like A Lawsuit: Sensitivity to Fragrances as a Disability.
Supervisors and managers have to handle all sorts of problems arising from people's interactions in the workplace, and some of these tasks are more thankless than others. For example, a complaint about a co-worker's terrible body odor may require an uncomfortable chat about showering regularly and using deodorant. But what about when the complaint is that an employee is wearing too much perfume or cologne?
Title III of the ADA: Compliance and Litigation Strategies.
It has been 17 years since the first President Bush signed into law the Americans with Disabilities Act (ADA). Congresss intent in passing the ADA was to eliminate discrimination against millions of Americans with disabilities by establishing clear, consistent, and enforceable standards. The act was declared to be the most sweeping piece of civil rights legislation possible in the history of our country, but certainly since the Civil War era.
EEOC Fact Sheet Focuses on Health Care Employers.
The EEOC recently published a question and answer (Q&A) fact sheet on the application of the Americans with Disabilities Act (ADA) to employees and job applicants in the health care industry.
About the ADA (pdf).
When questions about employees disabilities arise, finding the right answers can be
complicated. This month, weve answered a few of your questions to help you recognize some
disability-related issues commonly faced by employers. Of course, its always best to consult
your labor attorney before taking any action because Americans with Disabilities Act (ADA)
issues are fact-specific, and courts rarely, if ever, recognize clear-cut rules in these cases.
The Supreme Court Further Defines the Parameters of the Americans with Disabilities Act.
The United States Supreme Court has issued a number of decisions this year that clarify, and many would argue significantly narrow, coverage of the Americans with Disabilities Act (ADA or the Act).
ADA Questions and Answers.
This information has been compiled to assist the general public in understanding and complying with the Americans with Disabilities Act.
ADA Handbook.
Includes Preamble, ADA text, Federal Regulations Title I, Federal Regulations Title II, Federal Regulations Title III, Highlights of Title II, Highlights of Title III, History, Frequently Asked Questions, Legislative History, and Resource List.
The ADA: Your Responsibilities as an Employer.
Provides overview of the ADA, including coverage and employer's obligation to accommodate.
Frequently Accessed EEOC Guidances on the ADA.
This page lists the major EEOC guidances regarding the ADA, with links to the EEOC's site.
