join our network! affiliate login  
Custom Search
GET OUR FREE EMAIL NEWSLETTERS!
Daily and Weekly Editions • Articles • Alerts • Expert Advice • Learn More

Sexy ADA issue: Bad breakup may not justify employer-mandated medical exam

Rarely does one get a case that involves a cutting-edge Americans with Disabilities Act issue combined with wild, crazy, passionate, irrationally exuberant, tempestuous, adulterous romance. Well, folks, today is your lucky day.

No Coverage for the Cantankerous? The Ninth Circuit Goes "Retro" In Finding "No Disability"

In Weaving v. City of Hillsboro,1 the U.S. Court of Appeals for the Ninth Circuit waxed nostalgic by reversing a jury and lower court finding that a police officer with Attention Deficit and Hyperactivity Disorder (ADHD) had a “disability” within the meaning of the 2008 amendments to the Americans with Disabilities Act (ADA). The Ninth Circuit held that the former officer was not disabled, because his ADHD – and associated abrasive behavior toward colleagues – did not substantially limit him in the major life activities of working or interacting with others. Before the amendments to the ADA, this decision might not have been noteworthy. Given the far more expansive interpretation of “disability” under the 2008 ADA Amendments Act (ADAAA), however, the Weaving case assumes the aura of a “Man Bites Dog” story by resisting the tendency of courts to err on the side of finding threshold protection under the ADAAA.

No Coverage for the Cantankerous? The Ninth Circuit Goes "Retro" In Finding "No Disability"

In Weaving v. City of Hillsboro,1 the U.S. Court of Appeals for the Ninth Circuit waxed nostalgic by reversing a jury and lower court finding that a police officer with Attention Deficit and Hyperactivity Disorder (ADHD) had a “disability” within the meaning of the 2008 amendments to the Americans with Disabilities Act (ADA). The Ninth Circuit held that the former officer was not disabled, because his ADHD – and associated abrasive behavior toward colleagues – did not substantially limit him in the major life activities of working or interacting with others. Before the amendments to the ADA, this decision might not have been noteworthy. Given the far more expansive interpretation of “disability” under the 2008 ADA Amendmendts Act (ADAAA), however, the Weaving case assumes the aura of a “Man Bites Dog” story by resisting the tendency of courts to err on the side of finding threshold protection under the ADAAA.

How The ADA Impacts Your Hiring

Most employers understand their fundamental obligations under the Americans with Disabilities Act (ADA) to protect against disability discrimination and to provide reasonable accommodations to qualified disabled employees, enabling them to perform essential functions of their jobs. But these obligations continue to confuse employers in practice, especially when it comes to hiring.

Healthcare Update: Work A Full Eight Hours? That's Not In My Job Description!

According to the EEOC, healthcare employers are disproportionately represented in the ranks of those sued for violations of the Americans with Disabilities Act (ADA). Baptist Health South Florida, Inc. recently became one of those unlucky healthcare providers when the EEOC sued it for failure to accommodate a physician.

9th Circuit: Cop with ADHD Has No "Disability" Under the ADA

Here's a remainder from the Ninth Circuit that not every impairment is a "disability." And without a "disability" within the meaning of the ADA, there is no obligation to accommodate and there is no relief available for termination of employment based on a claim of disability discrimination.

Must an Employer Modify its Leave of Absence Policy to Ensure Compliance with the ADA?

Executive Summary: When is modification of a no-fault or inflexible leave of absence policy required as an accommodation under the Americans with Disabilities Act (ADA)? Although the Equal Employment Opportunity Commission (EEOC) has taken the position that, absent undue hardship, an employer must modify such a policy to allow for additional leave to a disabled employee, the case law interpreting the ADA has provided no definitive guidance for determining when requests for additional leave may be unreasonable under the Act.

TELECOMMUTING AS REASONABLE ACCOMMODATION

With modern technology, many workers can perform their jobs from alternate locations, such as a home office. So, when is physical presence at the employer’s worksite an essential function of the job? In EEOC v. Ford Motor Co., the Sixth Circuit Court of Appeals answered that question when it held that telecommuting may be a reasonable accommodation for an employee with a disability.

Alcoholic truck driver case is good for transportation employers, but be careful

ROBIN’S NOTE: I am happy to have Tommy Eden back again for a guest post. Tommy is from Constangy’s offices in Opelika, Alabama, and West Point, Georgia. He drafts DOT and state-specific drug testing policies for clients nationwide, and he serves on the Board of the Substance Abuse Program Administrators Association.

ADA interactive process: A quiz for employers

What do you really know about the “interactive process” under the Americans with Disabilities Act? This is one area in which I am always getting questions, and I think it’s the terminology that scares employers. “Interactive process” sounds so intimidating.

Littler Mendelson, P.C. | California | California Court of Appeal Issues Expansive Expense Reimbursement Ruling (August 27, 2014)

Franczek Radelet P.C | Illinois | Employer Must Defend Against A Wrongful Death Lawsuit For Not Monitoring Employee Computer Use (August 25, 2014)

Littler Mendelson, P.C. | California | California Employers Catch a Break From Unmanageable Wage and Hour Class Actions (August 26, 2014)

Littler Mendelson, P.C. | Colorado | Major Changes to Colorado Discrimination Law Will Negatively Impact Employers Large and Small (May 24, 2013)

Littler Mendelson, P.C. | Maryland | Maryland Employers Can Be Liable for up to Treble Damages for Misclassification "Overtime Pay" Claims Under State Law (August 18, 2014)

Ogletree Deakins | Massachusetts | Massachusetts Legislature Fails to Pass Bill to Ban Noncompetes and Adopt the UTSA (August 18, 2014)

Shaw Valenza LLP | California | CA Governor Signs Two Wage-Hour Bills (August 20, 2014)

Littler Mendelson, P.C. | California | California Repeals 60-Day Limit on Health Insurance Waiting Periods (August 22, 2014)

Littler Mendelson, P.C. | New York | Final Rules Adopted Clarifying Employers’ Obligations under the New York City Earned Sick Time Act (August 25, 2014)

Littler Mendelson, P.C. | D.C. | Private Sector Employers in the District of Columbia Will Soon Be Required to Comply with a New Law Restricting Their Ability to Rely on Criminal Records for Employment Purposes (August 25, 2014)