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Total Articles: 10

EEOC Files Lawsuit Claiming Obesity Discrimination

The U.S. Equal Employment Opportunity Commission recently filed a lawsuit under the Americans With Disabilities Act, alleging that Resources for Human Development, Inc. (RHD) illegally fired an employee because of her obesity. The lawsuit is pending in federal district court in Louisiana.

Making "Scents" Of The ADA: Accommodating Employees' Sensitivity To Odors In The Workplace

Employers have a duty to reasonably accommodate requests by disabled employees for a modification of their job duties or the workplace environment in order for them to perform the essential functions of their position. Failure to engage in such a process can be an expensive proposition for an employer – as the City of Detroit found out in McBride v. The City of Detroit.

Agoraphobic Faculty Member Could Not Support ADA/FMLA Claims.

In an unpublished opinion, the 3d U.S. Circuit Court of Appeals has upheld a lower court’s determination that an associate professor’s termination was appropriate, even though the professor claimed that he was disabled by agoraphobia.

Two Players Blitz NFL With ADA Lawsuits.

The National Football League is used to dealing with players with injuries – sprained muscles, concussions, broken limbs and bruised ribs are a daily part of life with football players. But recently, two players with a different kind of medical problem have filed lawsuits against the NFL. They are the first players to allege that the NFL is discriminating against them because of an unfair perception that they are alcoholics.

Sixth Circuit Rejects Dockworkers ADA Claim (pdf).

Finds workers obesity is not a protected "impairment".

EEOC Provides Guidance on Vision Impairments in the Workplace (pdf).

On October 24, 2005, the Equal Employment Opportunity Commission published “Questions & Answers About Blindness and Vision Impairments in the Workplace and the Americans with Disabilities Act.” This guide, the fifth in a series addressing various disabilities, provides information about vision impairments and examples of how the ADA’s standards apply.

EEOC Publishes Guidance On Cancer As A Disability (pdf).

On July 26, 2005, the Equal Employment Opportunity Commission published “Questions & Answers About Cancer in the Workplace and the Americans with Disabilities Act.” This guide, the EEOC’s fourth in a series addressing various disabilities, provides information about cancer and examples of how the ADA’s standards may apply to individuals who have or have had cancer.

To Show a Disability, Monocular Employee Must Show Impairment Prevents Or Severely Restricts Use Of Eyesight Compared To Unimpaired Individuals

The Ninth Circuit ruled several monocular employees who wanted to drive trucks but who were not qualified to do so under the company's "vision protocol," were not disabled because monocular vision does not substantially limit major life activities.

Third Circuit Holds That Pneumonia is Temporary and Nonchronic and, Therefore Is Not A "Disability" Under The ADA. Nor Was The Employee "Regarded As" Disabled.

A federal appellate court held pneumonia is temporary and nonchronic, and therefore is not a disability under the Americans with Disabilities Act.

Accommodation Ideas.

Consultants from the Job Accommodation Network have compiled several ideas for accommodating individuals with particular disabilities, ranging from AIDS to Wheelchair Users.
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