Jackson Lewis P.C. • August 12, 2016
Today, after a two year wait, the Department of Justice will publish its final rule amending the ADA regulations to incorporate the 2008 statutory changes set forth in the ADAAA, which took effect on January 1, 2009.
Shaw Valenza LLP • July 13, 2016
The Equal Employment Opportunity Commission (“EEOC”) recently published on its website what it calls a “resource document,” called “Employer-Provided Leave and the Americans with Disabilities Act.” The EEOC’s stated purpose is to address an increased volume of charges alleging violations of the Americans with Disabilities Act (“ADA”). The agency says that its document is consistent with existing regulations and enforcement guidance. Below is a summary of the key points.
Fisher Phillips • July 04, 2016
Over the past 20 years, the number of individuals with disabilities in the workforce has increased due in part to the Americans with Disabilities Act (ADA). Contemporary technological developments could help increase this number to an even greater extent over the next several years. A growing number of phone and computer apps, available for purchase with a simple tap, are specifically designed with access needs in mind.
Jackson Lewis P.C. • June 29, 2016
An employer’s decision to bypass an employee for a position based on the employee’s use of opioids was not enough to prove the employee’s disability discrimination claim, according to the Sixth Circuit Court of Appeals. Ferrari v. Ford Motor Company, Case No. 15-1479 (6th Cir. June 23, 2016). The Court affirmed summary judgment in favor of the employer on the employee’s disability discrimination claims, as well as his Family and Medical Leave Act retaliation claim.
Franczek Radelet P.C • June 29, 2016
Last Thursday, I had the pleasure of conducting a webinar with EEOC Commissioner Chai Feldblum on the topic of “leave” as an ADA reasonable accommodation in light of the EEOC’s new technical resource issued on this topic in early May 2016. If you missed the program, you can access the webinar and materials here. In addition to covering information contained in the EEOC’s new resource document, we also identified some practical approaches in determining whether and how much leave employers are obligated to provide when it comes to the ADA.
FordHarrison LLP • June 27, 2016
Executive Summary: On June 9, 2016, the FAA announced specific actions that it will take, in conjunction with airlines and pilots' unions, concerning pilots' mental health in response to the Malaysia Flight 370 and Germanwings Flight 9525 tragedies. These actions arose from recommendations made by an Aviation Rulemaking Committee (ARC), which was comprised of representatives of the FAA, air carriers, pilots' unions, and medical professionals. In short, the ARC declined to require psychological testing for pilots as part of the aviation medical exam, but instead adopted a "holistic" approach that includes education, outreach training, and self-reporting.
Jackson Lewis P.C. • June 06, 2016
A federal court in Florida has upheld an employee’s termination due to her “inebriated” conduct that was caused by her use of prescription medications, holding that her discharge did not constitute disability discrimination. Caporicci v. Chipotle Mexican Grill, Inc., Case No. 8-14-cv-2131-T-36EAJ (M.D. Fla. May 27, 2016).
Franczek Radelet P.C • May 24, 2016
Earlier this month, the EEOC issued a technical assistance resource on leave as an ADA reasonable accommodation under the ADA. I am delighted that EEOC Commissioner Chai Feldblum will join me for a webinar to take a deep dive into the information provided in the EEOC’s resource and apply the technical assistance to a variety of real-life scenarios.
Jackson Lewis P.C. • May 19, 2016
A South Carolina company that hauls gasoline, diesel fuel and ethanol throughout the country will face an Americans with Disabilities Act suit brought by a rejected DOT driver applicant with a sleep disorder for which he was prescribed an amphetamine (Dexedrine), the U.S. Court of Appeals in Richmond has decided, reversing a lower’s court’s dismissal of John Lisotto’s lawsuit. Lisotto v. New Prime, Inc., 2016 U.S. App. LEXIS 8011 (4th Cir., No. 15-1273, decided May 3, 2016) (not officially reported).
Jackson Lewis P.C. • May 19, 2016
Since June 2011, when the EEOC suggested it might issue guidance on leave as a reasonable accommodation under the ADA, we have likened the wait to waiting for Godot. See here and here. After nearly five years of reciting that “it didn’t come today, it might come tomorrow,” on May 9, 2016, the EEOC issued a “resource document” on leave and the ADA. Unlike in Beckett’s play, Godot arrived.