The ADA Amendments Act of 2008: Practical Implications for Employers in 2012 and Beyond"
Employment and labor law attorney Molly Hughes Cherry co-authored an article for the Defense Counsel Journal, a publication of the International Association of Defense Counsel (IADC).
Company's "100% healed" policy does not create per se disability discrimination.
In a case that adds to a split among federal appellate courts, the 7th U.S. Circuit Court of Appeals has held that a company’s insistence on an employee being “100% healed” after a medical leave does not necessarily support the employee’s legal claim under the Americans with Disabilities Act (ADA). Powers v. USF Holland, Inc., 7th Cir., No. 10-2363, December 15, 2011.
Tenth Circuit Holds Employee's Migraines Not a Disability Under ADA
In a signal that the courts do not regard the 2008 amendments to the Americans with Disabilities Act (ADA) as a basis to declare every ailment or condition to be a "disability" under federal law, the U.S. Court of Appeals for the Tenth Circuit recently held that a plaintiff who was diagnosed with migraine headaches was not "disabled" under the ADA. Allen v. Southcrest Hospital, No. 11-5016, 2011 U.S. App. LEXIS 25488 (10th Cir. Dec. 21, 2011). Employers should not get too excited, however, as the court did not declare that migraines can never be a disability. It did clarify, in a manner that likely will be helpful for employers faced with ADA litigation, what an employee must establish to claim the ADA's protections.
EEOC Takes Aggressive Measures to Enforce the ADAAA
Phelps Dunbar has been advising our clients over the last year to expect an increase in EEOC charges and litigation following the passage of the Amendments to the Americans with Disabilities Act. Since the EEOC's final regulation under the Act were published in March of last year we have seen a sharp increase in EEOC charges filed under the ADA. Many of those charges have now worked their way through the EEOC process and we are seeing an increase in litigation that the EEOC is pursuing on behalf of employees who allege that they have been denied a reasonable accommodation under the ADA.
Disability Discrimination Law Is a Mess in More Than Ohio
Jon Hyman, at Ohio Employer's Law Blog who does a great job of keeping up with developments in the Buckeye state and beyond, has an interesting post about the differences of the definition of disability under the ADA and the Ohio state version. Because of that difference, it's hard not to agree with his conclusion, Disability discrimination law in Ohio is a mess.
Teacher who Failed to Maintain Certification because of Depression Found Not Qualified under ADA
A teacher who failed to maintain her teaching certificate due to her depression was not a “qualified individual with a disability” under the Americans with Disabilities Act, unless she could show that the certification requirement was discriminatory, the U.S. Court of Appeals in San Francisco has ruled in a 2-1 decision. Johnson v. Board of Trustees of Boundary County Sch. Dist. No. 101, No. 10-35233 (9th Cir. Dec. 8, 2011). As the employee did not claim the requirement was discriminatory, the Court affirmed summary judgment in favor of the employer.
OFCCP Proposes New Regulations Regarding Individuals With Disabilities
The OFCCP recently proposed new regulations that would significantly expand federal contractors‘ obligations under Section 503 of the Rehabilitation Act of 1973 to provide equal employment opportunities for qualified workers with disabilities. If the proposed regulations take effect, federal contractors and subcontractors will be saddled with an enormous number of new administrative burdens and, more importantly, may become subject to increased risk of liability under the Americans With Disabilities Act.
D.C. Circuit Clarifies ADA Causation Standard
On December 9, 2011, the U.S. Court of Appeals for the District of Columbia Circuit affirmed a lower court’s entry of judgment in favor of George Washington University School of Medicine and Health Sciences (GWU) on claims brought by Carolyn Singh, a former medical student, for violations of the Americans with Disabilities Act (ADA) in Singh v. George Washington Univ. Sch. of Med. & Health Scis. This recent decision, the second D.C. Circuit decision in the Singh case, offers valuable guidance to higher education institutions with regard to accommodation of students with learning disabilities.
Hospital's Post-Offer Medical Questions May Violate ADA, Title VII, and Employee Privacy Rights
Michigan federal district court decision, Garlitz v. Alpena Regional Medical Center, a hospital may be liable for violations of the Americans with Disabilities Act (ADA), Title VII, and violation of privacy rights for withdrawing an employment offer to a medical technologist after she refused to answer a post-offer, preemployment questionnaire, directed only to females, about her sexual and reproductive history and plans for pregnancy.
EEOC Takes Issue with Educational Requirements as Job Qualification
According to the EEOC, a job qualification that requires a high school diploma, may violate the Americans with Disabilities Act.
