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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 Refusal to Retain or Hire Based on Employee Health Does Not Violate ADA.Pillsbury Winthrop LLP - July 12, 2002 The United States Supreme Court unanimously held on June 10, 2002, that an employer can refuse to hire a job applicant seeking a position that would adversely affect the worker’s own health or safety, without violating the Americans with Disabilities Act (ADA).
Report Link Supreme Court Upholds “Direct Threat to Self” Defense to ADA Claims.Kauff, McClain & McGuire LLP - June 10, 2002 On June 10, 2002, the U.S. Supreme Court unanimously reversed a decision of the Court of Appeals for the Ninth Circuit and ruled that employers may assert a "direct threat to self" defense to claims under the Americans with Disabilities Act ("ADA"). Chevron U.S.A. v. Echazabal, No. 00-1406, 535 U.S. ___ (June 10, 2002). Click Here For Article. 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: 9 ArticlesSUBTOPICS Employment Law Seminars
UNDERSTANDING YOUR ETHICAL RESPONSIBILITIES AT WORK (AB 1234 COMPLIANCE)
Sacramento
May 13, 2008 Shaw Valenza LLPPreventing Wage/Hour Class Actions.Online
May 13, 2008 LittlerHOW TO CONDUCT EFFECTIVE INTERNAL INVESTIGATIONSSacramento
May 13, 2008 Shaw Valenza LLPHow to Stay Union FreeLas Vegas
2008-5-13 Jackson Lewis LLPConducting Effective Investigations of Employment Claims: Essential Skills for Internal InvestigatorsHouston
May 13, 2008 Littler2008 Public Sexual Harassment Training for supervisors and managers.Universal City
May 13, 2008 Ballard RosenbergSHRM Morris County Monthly Legal UpdateFlorham Park
2008-5-14 SHRM Morris County ChapterThe Connecticut Sexual and Other Harassment Education and Training in the Workplace ActHartford
2008-5-14 Jackson Lewis LLPDigital Dangers: Recent E-Discovery Developments and TrendsLas Vegas
May 14, 2008 LittlerHealth Care's New Labor and Privacy Law Frontiers: Defusing Tomorrow's Problems TodayDenver
May 14, 2008 Littler |
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