Jackson Lewis P.C. • March 22, 2017
A federal jury in Florida has awarded $4.5 million against an auto dealer for claims of disability discrimination under the Florida Civil Rights Act (FCRA). Axel v. Fields Motorcars of Florida, Inc., No. 8:15-cv-893-17JSS (M.D. Fla. Feb. 22, 2017).
Jackson Lewis P.C. • March 16, 2017
An appellate court recently affirmed summary judgment in favor of a hospital that terminated the employment of a nurse for diverting medications, rejecting her claim that she had been perceived to be a drug addict by her employer. Demastus v. University Health System, Inc., No. E2016-00375-COA-R3-CV (Tenn. Ct. of Appeals March 2, 2017).
Nexsen Pruet • March 15, 2017
Last week, the U.S. Equal Employment Opportunity Commission filed a lawsuit against freight company CRST Expedited Inc. on behalf of a truck driver trainee who is a veteran. According to the Commission, the employer violated the Americans with Disabilities Act by refusing to hire the trainee because he uses an emotional support dog to manage post-traumatic stress disorder. The EEOC also claims the employer failed to discuss other potential job accommodations with the trainee and retaliated against him by dismissing him from a new driver orientation program for requesting help with his PTSD.
Ogletree Deakins • March 15, 2017
It’s true. The U.S. Equal Employment Opportunity Commission (EEOC) is taking the position that an emotional support animal may be a required reasonable accommodation in the workplace.
Ogletree Deakins • March 08, 2017
In a published opinion, the Tenth Circuit Court of Appeals recently ruled that the Americans with Disabilities Act (ADA) and the Family and Medical Leave Act (FMLA) do not require employers to excuse an employee’s misconduct even though the conduct was related to the employee’s disability. As a result, the Tenth Circuit affirmed summary judgment in the employer’s favor on the employee’s disability discrimination claim and FMLA retaliation claim. DeWitt v. Southwestern Bell Telephone Company, No. 14-3192, Tenth Circuit Court of Appeals (January 18, 2017).
Jackson Lewis P.C. • February 28, 2017
When used lawfully, post-offer, pre-employment medical examinations can be a powerful tool. But a recent federal district court case demonstrates the importance of carefully implementing such programs.
Jackson Lewis P.C. • February 27, 2017
In 2009, Congress passed the Americans With Disabilities Amendments Act (ADAAA), unquestionably expanding the definition of a disability under the ADA and, for all practical purposes in most cases, shifting the focus of disability lawsuits in federal court.
Ogletree Deakins • February 20, 2017
An Arizona judge dismissed more than 1,100 lawsuits against Arizona businesses alleging that their parking lots are not accessible to persons with disabilities. Judge David M. Talamante rejected the plaintiffs’ argument that the Arizonans with Disabilities Act (AzDA) permits any person who believes a place of public accommodation has violated the act to bring a civil action.
Fisher Phillips • February 20, 2017
On July 9, 2012, David Moore filed a Charge with the United States Equal Employment Opportunity Commission (“EEOC”) (Charge No. 530-2012-02470) alleging that the City of Philadelphia failed to reassign him to a new job as a reasonable accommodation when a heart condition left him unable to perform his current job. Instead, the City of Philadelphia terminated his employment.
Jackson Lewis P.C. • February 15, 2017
Employers can easily feel overwhelmed when it comes to enforcing employee attendance standards while providing reasonable accommodation to employees with chronic health conditions. Increasingly, however, court decisions such as Williams v. AT&T Mobility Services LLC are providing much-needed guidance regarding the scope of an employer’s duty to accommodate. The Williams case illustrates how carefully-designed policies, frequent communication, and a generous sprinkling of patience form key ingredients in the recipe for avoiding liability under the Americans with Disabilities Act (ADA).