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Report Link Employee Posing Safety Risk Created by Extreme Diabetic Episodes is Not Protected by ADA.Jackson Lewis LLP - August 26, 2009 A federal trial court in Iowa has held that a disabled employee with a history of unpredictable hypoglycemic episodes was not protected by the Americans with Disabilities Act (“ADA”), because the condition posed a direct threat to the health and safety of other employees at his employer's manufacturing plant. Report Link Arizona Employee Gets Second Chance To Prove Bias (pdf).Ogletree Deakins - May 11, 2006 A federal judge in Arizona recently
held that an employee who suffered
from post traumatic stress disorder
(PTSD) may sue for disability bias. According
to the court, the worker presented
sufficient evidence that he suffered
an adverse employment action as
a direct result of his disability. Report Link Attempted Suicide Does Not Derail Lawsuit (pdf).Ogletree Deakins - August 10, 2005 The federal appellate court with
jurisdiction over Tennessee employers
recently ruled in favor of an employee
who had been discharged following
her suicide attempt. According to the
Sixth Circuit Court of Appeals, the
employer’s perception of the worker’s
disability (resulting from her suicide
attempt) led to her discharge. Report Link Wisconsin Court Rejects "Direct Threat" but Rules Sight Impaired Worker Is Not "Qualified Individual".Jackson Lewis LLP - October 30, 2003 A Wisconsin cheese producer narrowly succeeded in defending the termination of a blind factory worker after the court rejected the employer's defense that the individual posed a "direct threat" to the safety of himself and others in the workplace. Report Link ADA Requires Best Available Medical Information in Making Individualized "Direct Threat" Determination.Jackson Lewis LLP - September 12, 2003 The U. S. Court of Appeals for the Ninth Circuit ruled that an employer must use the best available medical information when making an individualized assessment under the Americans with Disabilities Act Report Link Posing Direct Threat to Co-Workers Not Qualified.Ballard Rosenberg Golper & Savitt - December 14, 2001 Discusses Hutton v. Elf Atochem North America, Inc., 2001 Daily Journal D.A.R. 12416 (9th Cir., November 29, 2001), in which the court held that a diabetic plaintiff was not qualified to perform the essential job functions of a chlorine operator job because he posed a direct threat to co-workers. Report Link Substance Abuse under the ADA.U.S. Commission on Civil Rights - (No Date) Chapter 4 from "Sharing the Dream: Is the ADA Accommodating All?", which covers various topics, including when drug and alcohol users are covered under the ADA, when substance abuse poses a direct threats, what pre-employment inquiries may be asked, and drug testing. Report Link Psychiatric Disabilities and the ADA. U.S. Commission on Civil Rights - (No Date) 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.
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ArticlesFound: 8 ArticlesSUBTOPICS Employment Law Seminars
Top Tips to Protect Your Workplace From Violence
Webinar
November 10, 2009 HR Learning Center LLCWorkplace Change in the Obama EraColumbus
November 10, 2009 Littler2009 Employment Practices ConferenceUniversal City
November 10, 2009 Ballard RosenbergFall Employment Law Mini-SeriesTysons Corner
November 10, 2009 LittlerBusiness Continuity During the H1N1 OutbreakWebinar
November 10, 2009 Littler"Action Steps for Upcoming Open Enrollment" Free E-BriefingWebinar
November 10, 2009 Ford & HarrisonLabor and Employment Law SeminarLos Angeles
November 11, 2009 OgletreeHR Network 2009 | RestonReston
November 12, 2009 CooleyThe Labor & Employment Compliance Costs of Federal ContractingWebinar
November 12, 2009 LittlerCalifornia Legally Required Sexual Harassment Training: It's Never Too Late to ComplyLa Jolla
November 12, 2009 Fisher & Phillips |
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