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
Articles about the Americans with Disabilities Act (ADA), and other issues relating to disability discrimination in the workplace.
Obesity as a Disability Under the Americans With Disabilities Act
The Americans with Disabilities Act protects most job applicants and employees from discrimination, harassment, or retaliation based on disability. While employers are likely familiar with many of the physical and mental conditions that are commonly considered disabilities, one gaining more and more attention is obesity.
EEOC Considering Guidance on AI Tools Beyond ADA, Official Says
The U.S. Equal Employment Opportunity Commission (EEOC) is examining potential discriminatory implications of the use of automated systems and artificial intelligence (AI) to make employment decisions beyond the Americans with Disabilities Act (ADA), an EEOC chief counsel office said.
Bots or Copycats? Website Accessibility Demand Letters and Website Complaints in a New Age
When one of our clients recently received nearly-identical demand letters from remote, unrelated, and unrepresented parties claiming website accessibility and threatening legal action for damages under the Americans with Disabilities Act (ADA), we decided to look into it.
Live from CCC2023 Ep. 1: Where Should My Employees Work and How Accommodating Does Our Organization Need to Be?
Welcome and thank you for joining us for this special edition of We Get Work, live from Jackson Lewis’ Corporate Counsel Conference, CCC2023, at the Waldorf Astoria Monarch Beach resort in Orange County, California.
The Post-Pandemic Era of “Flexibility Fatigue” and ADA Implications: What Employers Need to Know When Making the Shift Back to the Office
COVID-19 completely changed the way we grocery shop, the way we attend doctor’s appointments, and the way we work. Specifically, COVID-19 created a new era of remote work for both employers and employees.
U.S. Supreme Court to Resolve Circuit Split Over Whether ‘Testers’ Have Standing to Pursue ADA Suits
The Supreme Court of the United States agreed to hear a case concerning a self-appointed “tester’s” standing to bring claims alleging a hotel violated the Americans with Disabilities Act (ADA) by failing to provide information on its website for guests with disabilities, even when the “tester” had no intention to
Emotional Support Animals as Workplace Accommodations
As private employers push for remote workers to return to the office, they have faced an increasingly common dilemma—are emotional support animals permitted in the workplace as a reasonable accommodation for a disability?
Best Practices for Manufacturers Managing Employee Medical Inquiries Under the ADA
For the manufacturing industry, managing employee injury and illness presents unique challenges.
ADA and Hearing Disabilities in the Workplace
The Equal Employment Opportunity Commission (EEOC) issued new technical assistance, “Hearing 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 hearing disabilities. The series of questions and answers and example workplace scenarios involving individuals
EEOC Releases Comprehensive Guidance Regarding Job Applicants and Employees With Hearing Disabilities
On January 23, 2023, the U.S. Equal Employment Opportunity Commission (EEOC) released a technical assistance document aimed at providing guidance on how the Americans with Disabilities Act (ADA) applies to job applicants and employees with hearing disabilities. The comprehensive document addresses (1) when an employer may ask an applicant or
Judge Overrules Intern’s Service Dog Lawsuit Against Hospital
Service dogs are becoming increasingly common in workplace accommodations requested by employees that have disabilities. In January 2023, U.S. District Judge Paul D. Borman granted a hospital’s request for summary judgment after a student intern sued the facility for disability discrimination when her service dog accommodation was removed. A summary
The EEOC’s Updated Guidance Addresses Hearing Disabilities and the ADA
On January 24, 2023, the U.S. Equal Employment Opportunity Commission (“EEOC”) issued a technical assistance guidance explaining how the Americans with Disabilities Act (“ADA”) applies to job applicants and employees with hearing disabilities.
The Year Ahead in Accommodations
Employers can expect to face a rash of requests that reflects rising employee IQ regarding what can be accommodated beyond the usual disability and religious considerations. In this podcast, Jackson Lewis principals Patricia Anderson Pryor and Katharine C. Weber explore the context and challenges of this expanding accommodations environment.