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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 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 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. Report Link EEOC Issues Proposed Regulations on the ADA Amendments Act of 2008.Buchanan Ingersoll & Rooney PC - September 30, 2009 On September 23, 2009, the Equal Employment Opportunity Commission (EEOC) issued lengthy, proposed regulations concerning the recent amendments to the Americans with Disabilities Act (ADAAA), which substantially expanded the definition of disability and the corresponding reach of the Americans with Disabilities Act. The EEOC estimates that an additional one million workers may now meet the revised definition of disability. Interested parties have on or until November 23, 2009, to submit comments to the proposed regulations. This advisory will highlight just a few of the changes in the proposed regulations. Report Link Legal Alert: EEOC Releases Proposed Regulations Implementing the ADAAAFord & Harrison LLP - September 28, 2009 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. Report Link EEOC Gives Guidance on ADA Amendments Act.Vedder Price - September 28, 2009 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. Report Link EEOC Issues Long-Awaited ADA Guidelines.Fisher & Phillips, LLP - September 25, 2009 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. Report Link Long-Awaited Proposed ADA Regulations Issued by the EEOC.Jackson Lewis LLP - September 24, 2009 Proposing sweeping changes to its regulations and interpretative guidance under the Americans with Disabilities Act (ADA), the Equal Employment Opportunity Commission (EEOC) has published a Notice of Proposed Rulemaking (NPRM) in today’s Federal Register in order to implement the ADA Amendments Act of 2008 (ADAAA). Report Link EEOC to Release Proposed ADA Amendments Act Regulations.Jackson Lewis LLP - September 21, 2009 The U.S. Equal Employment Opportunity Commission has approved proposed regulations on the Americans with Disabilities Act (“ADA”) to reflect changes made by the ADA Amendments Act (“ADAAA”) of 2008. The ADAAA, which became effective on January 1, 2009, expressly overturns several landmark Supreme Court decisions and significantly expands the protections afforded to disabled individuals. The legislation directs the EEOC to draft new regulations requiring a less demanding standard for an individual to establish a substantially limiting physical or mental impairment under the ADA. Report Link ADA Amendments Act – EEOC Comments on Proposed Rules.Baker, Donelson, Bearman, Caldwell & Berkowitz, PC - July 29, 2009 Last September, President George Bush signed the ADA Amendments Act (ADAAA) of 2008, which requires courts to interpret the ADA broadly when determining whether an individual has been discriminated against because of a disability. On June 17, 2009, the Equal Employment Opportunity Commission (EEOC) voted in favor of revising its rules to conform to the ADAAA. These amendments, as well as the proposed rules, will make it easier for individuals seeking protection under the ADA to establish that they have a disability. The changes to the rules, approved by the EEOC in a 2-1 vote, must now be reviewed by other federal agencies, including the Department of Transportation, the Justice Department and the Office of Management and Budget. Report Link EEOC Takes First Steps to Overhaul ADA Regulations.Jackson Lewis LLP - June 25, 2009 The U.S. Equal Employment Opportunity Commission on June 17, 2009, voted to revise its regulations on the Americans with Disabilities Act (“ADA”) to reflect changes made by the ADA Amendments Act (“ADAAA”) of 2008. The ADAAA, which became effective on January, 1, 2009, makes it easier for individuals seeking protection under the ADA to establish that they have a disability. Report Link Start Out 2009 Right With This Employment Law.Ogletree Deakins - February 10, 2009 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. Report Link Sixth Circuit Holds Disabled Retirees Lack Standing to Bring Claims Under Disabilities Act.Jackson Lewis LLP - December 15, 2008 Disabled employees do not have standing under the Americans with Disabilities Act (“ADA”) to bring suit against their former employer for discrimination with respect to payment of post-employment fringe benefits, the federal Court of Appeals in Cincinnati has ruled. The Sixth Circuit has jurisdiction over Kentucky, Michigan, Ohio, and Tennessee. Report Link President Signs Major Overhaul Of The ADA.Ogletree Deakins - December 04, 2008 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. Report Link Amendments to Americans With Disabilities Act Signed Into Law.Fredrikson & Byron, P.A. - December 01, 2008 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 ADA’s objectives . . . by reinstating a broad scope of protection to be available under the ADA.” Report Link Is the ADA Amendments Act Retroactive?Ford & Harrison LLP - November 17, 2008 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. Report Link ADA Amendments Act of 2008: Summary and Current Status.Baker, Donelson, Bearman, Caldwell & Berkowitz, PC - November 12, 2008 In the midst of the proposed economic legislation being negotiated in Washington, D.C., the ADA Amendments Act of 2008 was enacted into law. The ADA Amendments Act will significantly expand the definition of "disability" under the ADA, limiting consideration of mitigating measures in determining whether a person is disabled under the ADA. This will result in ADA protection extending to a large number of employees who would not have been considered disabled under the prior construction of the ADA. Report Link Education Labor Letter: Don't Be Handicapped By The "New" ADA.Fisher & Phillips, LLP - November 10, 2008 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. Report Link NEW LAW AIMS TO ENCOURAGE COMPLIANCE WITH DISABLED ACCESS RULES.Shaw Valenza LLP - November 07, 2008 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. Report Link The EEOC Issues New Guidance on the ADA Entitled “The Americans With Disabilities Act: Applying...Phelps Dunbar LLP - October 28, 2008 Early last month, in September of 2008, the EEOC issued a key pronouncement concerning an ongoing issue under the Americans With Disabilities Act, namely, the application of performance and conduct standards to employees with disabilities. At the beginning of the publication, the EEOC noted that as of the date of issuance, the ADA Amendments Act of 2008 had not been signed into law and was still pending before the United States Senate. The EEOC noted preliminarily that if the ADA Amendments Act of 2008 would be enacted, minor changes would be made to the document but it would not affect the overall content or guidance set forth in the EEOC pronouncement. As noted above, the ADA Amendments Act of 2008 has been enacted. Accordingly, while the EEOC will make minor changes to the guidance, the overall content or guidance provides enormous assistance to all who are trying to ferret out the application of performance and conduct standards to employees who have a disability as defined under the Act. Report Link President Bush Signs The Americans With Disabilities Act Amendment of 2008 Into Law – The Act takes...Phelps Dunbar LLP - October 28, 2008 On September 25th, 2008 President Bush signed into law the ADA Amendments Act of 2008. The Act takes effect January 1, 2009. The Act effectively overturns a series of seminal United States Supreme Court decisions that had narrowed the ADA's protections. Supporters of the Act say it restores Congress's original intent that the ADA provide broad protection from discrimination based on disability. Opponents say otherwise. Report Link EEOC Guidance on Applying Performance and Conduct Standards Under the ADA.Ford & Harrison LLP - October 22, 2008 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. Report Link Accommodating the ADA Amendments Act.Elarbee, Thompson, Sapp & Wilson, LLP. - October 14, 2008 The ADA Amendments Act (ADAAA), which has been passed by both houses of Congress with an effective date of January 1, 2009 and which President Bush has signed, will substantially broaden the scope of those considered “disabled.” This means that employers need to hone their reasonable accommodation skills and processes because more individuals will be entitled to accommodation. Report Link ADA Amendments Act to Take Effect January 1Constangy, Brooks & Smith, LLP - October 07, 2008 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 ADA’s prohibitions on discrimination and its reasonable accommodation requirements. The ADAAA amendments will become effective January 1, 2009. Report Link ADA Update: President Bush Signs Legislation Amending ADA.Barker Olmsted & Barnier - October 06, 2008 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. Report Link ADA Amendments Act Of 2008.Buchanan Ingersoll & Rooney PC - October 03, 2008 On January 1, 2009, the ADA Amendments Act of 2008 becomes effective. This new law is designed to undo several Supreme Court decisions and thereby broaden the number of individuals who can seek protection under the Americans with Disabilities Act (ADA), which covers employers with 15 or more employees. Many state human rights statutes have lower employee thresholds, and courts in such states often follow federal standards under the ADA as applicable to their state statute. The amendments are intended to focus employers' attention on addressing obligations under the ADA related to the interactive process, without first devoting extensive analysis as to whether an individual has a qualifying disability. The amendments include the following highlights: Report Link President Bush Approves Significant Revisions to the Americans With Disabilities Act.Phelps Dunbar LLP - October 01, 2008 On September 25th, President Bush signed into law the ADA Amendments Act of 2008. The Act effectively overturns a series of United States Supreme Court decisions that had narrowed the ADA's protections. Supporters of the Amendments Act say it restores Congress's original intent that the ADA provide broad protection from discrimination based on disability. Report Link Congress Expands ADA Coverage.Vedder Price - October 01, 2008 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. Report Link President Signs ADA Amendments Act.Ford & Harrison LLP - September 30, 2008 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. Report Link Amendments to Americans With Disabilities Act Signed Into Law.Fredrikson & Byron, P.A. - September 29, 2008 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 ADA’s objectives . . . by reinstating a broad scope of protection to be available under the ADA.” Report Link It's Official: President Bush Signs ADA Amendments Act.Constangy, Brooks & Smith, LLP - September 29, 2008 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. Report Link President Bush Signs into Law the “ADA Amendments Act of 2008".Elarbee, Thompson, Sapp & Wilson, LLP. - September 29, 2008 President Bush signed into law yesterday the “ADA Amendments Act of 2008” (the “Act”). The Amendments Act’s provisions become effective on January 1, 2009. The Amendments Act broadens the scope of protection intended by the Americans With Disabilities Act of 1990 (“ADA”), which Congress found to have been narrowed in recent years by various Supreme Court decisions and EEOC regulations. Report Link President Bush Signs Landmark Amendments to the Americans with Disabilities Act.Jackson Lewis LLP - September 26, 2008 With praise from disability groups and business organizations alike, President George W. Bush has signed into law amendments to the Americans with Disabilities Act (“ADA”) that will significantly expand the protections afforded to disabled individuals. The new law, entitled the ADA Amendments Act of 2008 (“ADAAA”), expressly overturns several landmark Supreme Court decisions narrowly interpreting the definition of “disability” and will make disposing of ADA cases prior to trial more challenging for employers. The changes to the ADA take effect on January 1, 2009. Report Link THE ADA AMENDMENTS ACT.Shaw Valenza LLP - September 26, 2008 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. Report Link Congress Tells the Courts How to Interpret the ADA.Littler Mendelson, P.C. - September 26, 2008 On September 25, 2008, President Bush signed into law the ADA Amendments Act of 2008 (ADAAA), which will amend the Americans with Disabilities Act of 1990 (ADA) and directly overturn several decisions of the U.S. Supreme Court interpreting that landmark law. The ADAAA sends an unmistakable message to the courts that the concept of disability is to be more broadly, rather than narrowly, construed. The primary consequences of these amendments to employers is that far more people will fall within the definition of disability under the ADA. Specifically, the measures will increase coverage and strengthen employee protections under the ADA by: Report Link What Employers Need to Know to Comply with the New ADA Amendments.Gray Plant Mooty - September 25, 2008 On September 25, 2008, President Bush signed into law the ADA Amendments Act of 2008 (ADAAA). The law, which amends the Americans with Disabilities Act of 1990 (ADA), clarifies the ADA’s definition of disability and overturns certain Supreme Court decisions and EEOC regulations that narrowly interpret the ADA. More employees are likely to qualify for reasonable accommodations and protection from discrimination under the new law, but the law also provides employers with some much needed clarity about which employees are entitled to the ADA’s protection. Report Link FLESHING OUT THE ADA.Shaw Valenza LLP - September 23, 2008 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." Report Link Congress Approves ADA Amendments Act.Ford & Harrison LLP - September 22, 2008 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. Report Link ADA Amendments Act Passed By House and Senate.Jackson Lewis LLP - September 22, 2008 In a sweeping display of bipartisan support, the Senate and the House of Representatives have passed the ADA Amendments Act of 2008 (“ADAAA”). The Senate approved the bill (S. 3406) by unanimous consent on September 11th, and the House, which passed a similar measure (H.R. 3195) by a vote of 402-17 in June 2008, approved the Senate’s version of the bill less than a week later. President George W. Bush is expected to sign the ADAAA into law within the next few weeks. Once signed by the President, the legislation is set to take effect on January 1, 2009. Report Link Disability Act Amendments to Take Effect January 1, 2009.Baker Hostetler LLP - September 22, 2008 Both houses of Congress have approved the ADA Amendments Act (ADAAA), which will expand the definition of disability and overturn Supreme Court decisions that had made it more difficult for employees to gain protected status under the Americans with Disabilities Act (ADA). The ADAAA, which President Bush has said he will sign, will become effective January 1, 2009. Report Link ADA Amendments Act of 2008: Summary and Current Status.Baker, Donelson, Bearman, Caldwell & Berkowitz, PC - September 22, 2008 The ADA Amendments Act of 2008, H.R. 3195, which is pending in Congress, would provide a new definition of the "substantial limitation" on a major life activity requirement under the current law. The original bill, named the "ADA Restoration Act," would have entirely eliminated the "substantial limitation" language in the ADA. The original bill stalled in the Senate last year. Report Link On to the President's Desk . . . House Passes ADA Amendments Act.Constangy, Brooks & Smith, LLP - September 19, 2008 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. Report Link Meet the New ADA: Massive Changes Ahead for Nation's Employers.Fisher & Phillips, LLP - September 18, 2008 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. Report Link ADA Amendments Act Unanimously Passes Senate.Constangy, Brooks & Smith, LLP - September 16, 2008 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. Report Link Department of Labor Announces its “Transforming the American Workplace: A 21st Century Vision”.Phelps Dunbar LLP - September 10, 2008 On July 31, 2008, the Department of Labor kicked off its "Transforming the American Workplace: A 21st Century Vision" summit. The summit focused on including people with disabilities in the American workforce, seeking to reduce barriers to employment. Report Link Senate Committee Takes Closer Look at ADA Amendments Act.Jackson Lewis LLP - July 28, 2008 Just weeks after the U.S. House of Representatives overwhelmingly passed the ADA Amendments Act of 2008 (H.R. 3195), the Senate met to address what, if any, changes are necessary to bring a companion Senate bill to a floor vote. During the Health, Education, Labor and Pensions Committee's July 15th hearing, Senator Tom Harkin (D-Iowa) reiterated his commitment to enacting legislation which would overrule several U.S. Supreme Court decisions narrowing the protections offered by the Americans with Disabilities Act (the "ADA"). Report Link ADA Amendments Act Moving Quickly Through Congress.Jackson Lewis LLP - July 01, 2008 Continuing to fast-track key changes to the Americans with Disabilities Act, the House of Representatives has passed the ADA Amendments Act of 2008, H.R. 3195, by a vote of 402-17. Days before, the President’s Office of Management and Budget stated: “The [Bush] Administration strongly supports the overall intent of H.R. 3195, as well as a number of the specific changes it would make.” If enacted, the ADA Amendments Act would effectively overrule Supreme Court precedent and, according to the bill’s supporters, would restore the balance between protections for disabled individuals and the obligations of employers. Report Link Hospitality Labor Letter: BYOGC Policy Doesn’t Cut It Under ADA.Fisher & Phillips, LLP - June 05, 2008 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. Report Link Hospitality Labor Letter: Don't Put Litigation on the Menu.Fisher & Phillips, LLP - June 05, 2008 In light of a recent federal court decision, restaurateurs should reevaluate how their employees handle requests by disabled patrons. Report Link The Latest Litigation Rage: Public Accessibility Lawsuits Against Retail Establishments.Fisher & Phillips, LLP - June 04, 2008 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." Report Link Major Changes to Americans with Disabilities Act Under Consideration by Congress.Jackson Lewis LLP - March 07, 2008 Employers need to begin considering seriously the impact of a potential major expansion of employee protections under the Americans with Disabilities Act that has over 240 co-sponsors in the House. The House Education and Labor Committee, House Judiciary Committee and the Senate Health, Education, Labor and Pension Committee already have held hearings and more are expected soon. See (H.R.3195) and (S.1881) of H.R.3195. Report Link Disability as a Justification for Employees' Misconduct?Shaw Valenza LLP - December 11, 2007 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. Report Link Smells Like A Lawsuit: Sensitivity to Fragrances as a Disability.Fisher & Phillips, LLP - October 04, 2007 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? Report Link Title III of the ADA: Compliance and Litigation Strategies.Shaw Valenza LLP - October 01, 2007 It has been 17 years since the first President Bush signed into law the Americans with Disabilities Act (“ADA”). Congress’s 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.” Report Link EEOC Fact Sheet Focuses on Health Care Employers.Ford & Harrison LLP - March 14, 2007 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. Report Link Is Your Website Accommodating?Elarbee, Thompson, Sapp & Wilson, LLP. - November 17, 2006 A California district court refused to dismiss a class action by an organization for the blind challenging the accessibility of Target.com under the "public accommodation" provisions of the Americans with Disabilities Act (ADA). Target contended that those provisions of the ADA related only to its "brick-and -mortar" stores. The court, however, found that Target’s website was a “gateway” to those stores and, as such, was subject to the ADA’s public accommodation requirements. National Federation of the Blind v. Target Corp. Report Link Major Retailer Settles Disability Lawsuit for $13 Million (pdf).Buchanan Ingersoll & Rooney PC - May 19, 2006 On March 13, 2006, Kmart
Corporation agreed to settle a
class-action lawsuit concerning
disability access issues at Kmart
stores. Report Link About the ADA (pdf).Jones Walker - April 24, 2006 When questions about employees’ disabilities arise, finding the right answers can be
complicated. This month, we’ve answered a few of your questions to help you recognize some
disability-related issues commonly faced by employers. Of course, it’s 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. Report Link ADA Compliance: A Guide for Restaurants & Other Food Service Employers.Littler Mendelson, P.C. - December 09, 2004 Based upon the premise that restaurants and other food service employers have difficulty following the employment portion of the Americans with Disabilities Act (ADA) while maintaining compliance with federal, state and local public health rules, on October 29, 2004, the Equal Employment Opportunity Commission (EEOC) issued guidance on the basic rights of disabled food service employees and applicants under the ADA. Using a question and answer format punctuated by examples and citations to materials available on the internet, the EEOC attempts to provide basic education to food service employers on the application of the ADA to their industry. Report Link The Supreme Court Further Defines the Parameters of the Americans with Disabilities Act.Fredrikson & Byron, P.A. - December 31, 2002 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). Report Link ADA Questions and Answers.Job Accommodation Network - (No Date) This information has been compiled to assist the general public in understanding and complying with the Americans with Disabilities Act. Report Link ADA Handbook.Job Accommodation Network - (No Date) 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. Report Link The ADA: Your Responsibilities as an Employer.Job Accommodation Network - (No Date) Provides overview of the ADA, including coverage and employer's obligation to accommodate. Report Link Frequently Accessed EEOC Guidances on the ADA.Job Accommodation Network - (No Date) This page lists the major EEOC guidances regarding the ADA, with links to the EEOC's site.
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ArticlesFound: 67 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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