A district court ruled that a long-time railroad trackman, who was pulled from service following safety complaints from his coworkers and supervisors, failed to prove that he was considered disabled under the ADA, and failed to prove that his employer (the railroad) violated the ADA when it required him to
Articles Discussing General Topics Under the ADA
The statute of limitation periods in the Americans with Disabilities Act (ADA) and the Age Discrimination in Employment Act (ADEA) give rise to substantive, non-waivable rights rendering a contractually shortened limitation period unenforceable, the U.S. Court of Appeals for the Sixth Circuit has held.
Legislation was introduced in the House of Representatives to try to alleviate the lack of clarity concerning how companies are supposed to make websites accessible to vision impaired individuals. There is currently no law or regulations under the Americans with Disabilities Act (“ADA”) directly addressing technical or legal standards for
The Americans with Disabilities Act (ADA) has always been important for employers, and it has become increasingly so as the unprecedented COVID-19 pandemic continues to impact workplaces and businesses across the country and globe. A recent decision by the U.S. Court of Appeals for the Fourth Circuit provides additional guidance and contours regarding the ADA— and it reaffirmed the basic principles surrounding the reasonable accommodation process under the Act.
A Pennsylvania district court delivered good news for retailers struggling to balance enforcement of their face mask policies against the rights of customers who assert that their disabilities (or other factors) excuse them from wearing masks.
A federal court in Indiana dismissed an employee’s claim that his employer did not have the right to request a medical examination after he tested positive for drugs and subsequently admitted that he was taking numerous prescription medications that could create a safety risk. Beal v. Muncie Sanitary District, Case
When it comes to disability and leave management, the past year has been one HR hurricane after another. Everything is different, including our Annual Disability & Leave Management Symposium. We know you are as frustrated as we are. We wanted to have an old fashioned, in-person conference, but in the
On May 26, 2020, a woman with an alleged respiratory disability filed suit under the Americans with Disabilities Act (ADA) against a supermarket chain in Pennsylvania after she was denied entry because she could not wear a face mask. This lawsuit marks a growing trend of disability access lawsuits challenging
All employers should care about their employees’ mental health – but when does this concern put an employer in territory that may violate the Americans with Disabilities Act (ADA)? In López-López v. The Robinson School, the U.S. Court of Appeals for the First Circuit held that an employer’s driving
On April 19, 2020, Judge James V. Selna of the United States District Court, Central District of California, granted a motion to declare pro se plaintiff Peter Strojnik, Sr. a vexatious litigant, requiring him to obtain the permission of the Court before filing any future accessibility lawsuits with the District
On Friday, April 23, 2020, Judge Gregory Woods of the Southern District of New York issued a first of its kind decision rejecting the argument that ADA Title III requires business that offer gift cards to also offer them in Braille. Dominguez v. Banana Republic, LLC, 1:19-cv-10171-GHW (S.D.N.Y. April 23,
The Seventh Circuit joins the Eighth, Ninth and Tenth Circuits in holding that such a refusal would not violate the Americans with Disabilities Act. In Shell v. Burlington Northern Santa Fe Railway Company, No. 19-1030, the appellate court addressed the certified question “whether the ADA’s regarded-as provision encompasses conduct motivated by the likelihood that an employee will develop a future disability within the scope of the ADA.”
“What did I do wrong?” and “Am I doing this correctly” are frequent questions from clients regarding FMLA administration. This is the 24th blog in this series, which digs into the FMLA regulations to address discrete mis-steps that can result in legal liability.
While we continue to wait for guidance from the government on website accessibility standards, plaintiffs continue to challenge the accessibility of company websites. For years, individuals have brought lawsuits claiming that their access to goods and services is limited under Title III of the Americans with Disabilities (“ADA”). More recently we have seen individuals challenge their access to employment under Title I of the ADA due to online application processes that they claim are not accessible.
It is not uncommon for employees who are on leave and receiving workers’ compensation benefits to be released to return to work with light duty restrictions. To account for these situations, some employers have designated light duty positions reserved for employees who are released to return to work on light duty after an occupational injury.