Total Articles: 8
Seventh Circuit Allows Bridge Worker with Fear of Heights to Pursue Disability Discrimination Claim
As previously reported, the Americans with Disabilities Act (ADA) Amendments Act and the EEOC’s recently published final regulations significantly expand the definition of disability and the potential number of employees who may pursue claims of discrimination, retaliation or failure to accommodate under the ADA. Now more than ever, employers must pay attention to their obligations under the ADA. The Seventh Circuit recently published a decision in Miller v. Illinois Department of Transportation (IDOT), which illustrates the importance of maintaining consistent and effective procedures for responding to accommodation requests.
Fear of potential violence by an impaired employee can be a legitimate non-discriminatory reason for termination.
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.
Mental Health Parity Act Included in Economic Stimulus Package.
The Paul Wellstone and Pete Domenici Mental Health Parity and Addiction Equity Act of 2008 was signed into law by President Bush on October 3, as part of the Emergency Economic Stabilization Act.
New EEOC Publication Addresses Thorny ADA Issues.
What happens when an employee with a mental disability misbehaves in the workplace? If the mental disability causes the employee to misbehave and violate workplace conduct rules, can the employer discipline the employee?
9th Circuit Gives Violent Behavior ADA Protection.
When do ADA protections for the mentally disabled trump the rights of other employees to a safe workplace? The 9th Circuit provides some guidance.
Mind over matter: questions about intellectual disabilities.
According to the Equal Employment Opportunity Commission(EEOC), an estimated 2.5
million people in the United States have intellectual disabilities; that’s about one percent of the
entire population.
EEOC Offers Guidance on Intellectual Disabilities Under the ADA (pdf).
In October 2004 the Equal Employment Opportunity
Commission published “Questions & Answers About
Persons with Intellectual Disabilities in the Workplace
and the Americans with Disabilities Act.”
Psychiatric Disabilities and the ADA.
Chapter 5 from "Sharing the Dream: Is the ADA Accommodating All?"; lengthy discussion of mental disabilities under the ADA, including coverage issues, accommodation, direct threat, and EEOC Guidance.
