The U.S. District Court for the Eastern District of Virginia recently rejected a school principal’s argument that remote work was a reasonable accommodation for her asthma and restrictive lung disease that she claimed were exacerbated by the poor condition of the school building in which she worked.
Articles about the Americans with Disabilities Act (ADA), and other issues relating to disability discrimination in the workplace.
The Seventh Circuit Court of Appeals recently held that an employee with a disability may be entitled to an Americans with Disabilities Act accommodation to get to work when attendance in the workplace is an essential job function and the accommodation is reasonable under the circumstances.
The U.S. Court of Appeals for the Eleventh Circuit, in Beasley v. O’Reilly Auto Parts, recently held that a claim for failure-to-accommodate under the Americans with Disability Act (ADA) must include an adverse employment action.1 That is, “discrimination in the form of a failure to reasonably accommodate is actionable under
The Equal Employment Opportunity Commission (EEOC) issued new technical assistance document (“TAD”), “Visual Disabilities in the Workplace and the Americans with Disabilities Act,” addressing how the Americans with Disabilities Act (ADA) applies to job applicants and employees with visual disabilities. Like the technical assistance the EEOC published earlier this year
On July 26, 2023, the EEOC issued updated guidance about the Americans with Disabilities Act (ADA) and employees and applicants with visual disabilities.
The new guidance reiterates that applicants and employees with vision impairments should not
On July 25, 2023, the tri-agencies of the Departments of Treasury, Labor, and Health and Human Services (the Departments) issued a compendium of guidance designed to facilitate compliance with the Nonquantitative Treatment Limitation (NQTL) comparative analysis requirements added by the Consolidated Appropriations Act, 2021 (CAA, 2021) as they relate to
In a presidential proclamation on the 33rd anniversary of the Americans with Disabilities Act (ADA), President Biden stated that the landmark civil rights law “has had a profound impact,” but the United States has “much more to do,” signaling a continued emphasis by the administration on disability discrimination.
In the employment context, employers are required to consider whether an employee’s Americans with Disabilities Act (ADA) request to bring a service animal or an emotional support animal (ESA) to work qualifies as a reasonable accommodation for that employee’s disability, and, if so, whether allowing the animal in the workplace
As a reminder, the deadline to implement the latest, updated version of the Section 503 voluntary disability self-ID form is July 25, 2023.
The OMB approved revised form, including versions in various languages, is available on OFCCP’s website.
OFCCP also provides a number of Frequently Asked Questions regarding implementation of
Under the Americans With Disabilities Act Amendments Act (ADAAA), employers have a viable defense to an Americans With Disabilities Act (ADA) “regarded as” claim if the impairment in question was “transitory and minor,” although transitory and minor impairments are ill-defined.
Fifth Circuit precedent recognizes the “general consensus among courts” that regular, in-person work is an essential function of most jobs. Yet the continued viability of this premise has been in question, given the ability of thousands of employees to work remotely during the COVID-19 pandemic. This has in turn created
Self-appointed “testers” need to establish their legal right to sue under the Americans With Disabilities Act (ADA) by showing a concrete and particularized injury, Jackson Lewis attorneys wrote in an amicus brief submitted to the U.S. Supreme Court on behalf of The Restaurant Law Center in Acheson Hotels, LLC v. Laufer, No. 22-429.
The spread of state legalization of recreational and medical marijuana continues to create challenges for employers who seek to enforce drug-testing and drug-free workplace policies. Even in right-to-weed states that have enacted employment protections for lawful and off-duty marijuana use, employers are not required to permit employees to use marijuana
On May 24, 2023, the U.S. Court of Appeals for the Eleventh Circuit found the latter. A 3–0 court held that an employer violates the Americans with Disabilities Act when it (a) fails to provide a reasonable accommodation to a qualified employee, and (b) the employee suffers an adverse action