In this episode, Jen explains why you cannot have a “rulebook” for handling leaves of absence and accommodations.
Articles about the Americans with Disabilities Act (ADA), and other issues relating to disability discrimination in the workplace.
Eleventh Circuit Upholds Ruling for Employer on ADA Claims Where Employee Submitted Noncompliant Return-to-Work Letter
On February 7, 2024, in Jones v. Georgia Ports Authority, the U.S. Court of Appeals for the Eleventh Circuit affirmed a district court’s grant of summary judgment for an employer where a former employee who requested an accommodation under the Americans with Disabilities Act (ADA) had failed to provide return-to-work
Medical Marijuana Usage Is Not Protected Under the ADA, Vermont Federal Court Rules
On February 14, 2024, a judge of the U.S. District Court for the District of Vermont dismissed a plaintiff’s Americans with Disabilities Act (ADA) discrimination and failure-to-accommodate case, holding that his medical marijuana usage was not protected under the ADA (Skoric v. Marble Valley Regional Transit District).
EntertainHR: Marvel’s Echo Teaches Employers About the Importance of Accommodations in the Workplace
The character of Maya Lopez (a/k/a Echo) was first introduced in the Marvel Cinematic Universe in Hawkeye as the leader of the Track Suit Mafia, the crime syndicate run by Wilson Fisk. After Maya learns her father was killed on Fisk’s orders, Maya leaves the syndicate and shoots Fisk. Echo
How can employers address the effects of employees’ mental health issues in the workplace?
Federal Court Rules That Online-Only Retailer’s Website Is Not a ‘Place of Public Accommodation’ Under the ADA
On February 9, 2024, a federal judge in the Western District of Pennsylvania departed from earlier rulings in the district to hold that an online retailer’s website and its other digital properties did not constitute a “place of public accommodation” under Title III of the Americans with Disabilities Act (ADA).
Deaf Ramp Agent’s Inability to Communicate With Others While Working Posed ‘Direct Threat’ to Employee Safety, Court Rules
SkyWest Airlines, Inc., was justified in discharging a deaf ramp agent because his inability to hear or effectively communicate posed a “direct threat” to the safety of himself and others, the U.S. District Court for the District of North Dakota ruled in dismissing the former employee’s allegations of employment disability
The Scope of “Associational” Discrimination
In this episode, Jen reviews the EEOC’s recent settlement of an “associational” discrimination claim and explains the best practices in this area.
Justice Department Proposes ADA Regulations Impacting Healthcare Industry
On January 12, 2024, the U.S. Department of Justice (DOJ) published a notice of proposed rulemaking (NPRM) under Title II of the Americans with Disabilities Act (ADA) that would require accessible medical diagnostic equipment (MDE) and other accessibility-related practices for persons with disabilities in the healthcare industry. Quick Hits On
The Year Ahead 2024: Commuting Accommodations
This material is provided for informational purposes only. It is not intended to constitute legal advice nor does it create a client-lawyer relationship between Jackson Lewis and any recipient.
Join Me for a Three-Day ADA Master Class!
After years of hosting FMLA parties, I invite you now to an ADA party!
Seriously.
A party where we spend nine hours together over three straight days discussing nothing but the A-D-A.
Are you excited yet!?! Let me explain more.
For years, many of you have attended my FMLA webinars and master class. In
U.S. Supreme Court Vacates, Dismisses as Moot Decision Holding ADA ‘Tester’ Has Standing to Sue
The U.S. Supreme Court vacated a decision by the U.S. Court of Appeals for the First Circuit holding a self-appointed “tester” has standing to sue under the Americans With Disabilities Act (ADA).
With Fourth and Inches, SCOTUS Punts Standing Issue of ADA Accommodation “Testers”
By: With Fourth and Inches, SCOTUS Punts Standing Issue of ADA Accommodation “Testers”
The Supreme Court of the United States (SCOTUS) issued its much anticipated ruling in Acheson Hotels, LLC v. Laufer vacating the matter as moot. Doing so, SCOTUS left private business owners grappling with the existing Circuit split as
Supreme Court Says Case Over ADA ‘Tester’ Standing Is Moot, But Issue is Still Alive
On December 5, 2023, the Supreme Court of the United States vacated a case over whether a self-proclaimed “tester” had standing to bring Americans with Disabilities Act (ADA) claims against a hotel that she did not plan to visit, finding the case was moot without addressing the highly-anticipated standing issue.
Supreme Court Questions Whether ADA Tester Case Is Moot
On October 4, 2023, the Supreme Court of the United States heard oral arguments in a highly-anticipated case over whether a self-proclaimed “tester” plaintiff has standing to bring Americans with Disabilities Act (ADA) claims against a hotel when the tester did not intend to stay at the hotel. The justices’