The civil penalties assessed for violations of several labor statutes have increased, according to the United States Department of Labor (DOL). The increases became effective January 23, 2019 and are consistent with the DOL’s obligations under the Inflation Adjustment Act, which requires an annual adjustment to the civil money penalty levels for inflation by January 15 each year.
Articles about the Americans with Disabilities Act (ADA), and other issues relating to disability discrimination in the workplace.
Municipal Liability Under the ADA for Website Inaccessibility
Executive Summary: Many business owners have faced litigation under the Americans with Disabilities Act (ADA) by disabled individuals who claim the businesses’ websites are inaccessible. Now, many plaintiffs are turning their attention to municipalities and their websites.
How the Government Shutdown Impacts Employee Leave Requests
As of midnight December 21, 2018, 380,000 federal employees were placed on furlough. An additional 420,000 are considered “excepted” and have continued working without pay. Federal employers and employees should be aware of how the government shutdown impacts both paid time off requests as well as approved FMLA leaves.
Ninth Circuit Weighs in On Website Accessibility Obligations
Executive Summary: Lawsuits claiming business websites are not fully accessible to blind and visually impaired individuals continue to proliferate. Businesses often respond their websites are not required to comply with the Americans with Disabilities Act (ADA). Internet accessibility cases have begun making their way to the federal circuit courts, and the Ninth Circuit recently weighed in on the issue, holding that a pizza delivery company was required to ensure its website and mobile app are accessible as required by the ADA.
Federal Court of Appeals To Decide Whether Morbid Obesity Is An Impairment
We know that the ADAAA (Amendments Act of 2008) substantially altered the landscape for review of claims asserting a disability. But are employees still required to show some sort of disorder or impairment to state a claim? Is morbid obesity an impairment even if it is not tied to any underlying disorder? A case pending before the Seventh Circuit Court of Appeals is set to decide whether obesity is an impairment in and of itself under the ADAAA.
Appellate Courts Agree: Regular, Reliable Attendance Is Essential Function of Most Jobs
Recent decisions from the Second, Fifth, and Eighth Circuit Courts of Appeals exemplify the growing consensus amongst courts that even employees with a disability are generally required to comply with company attendance policies. While employers may need to provide leave as a reasonable accommodation, many courts generally agree that regular, reliable attendance is an essential function of most jobs within the meaning of the Americans with Disabilities Act (“ADA”).
Employers Asserting “Essential Job Function” Defense Need a Clear Job Description.
Just a few months ago, we wrote about a case where a federal district court denied summary judgment to an employer who had asserted that attendance at work was an essential job function. The Court held that although regular attendance at work was set out in the job description, that was not enough to obtain summary judgment. In a slight twist, today we discuss a case in which the court focused on the adequacy of the job description itself and found it lacking. For that reason and others, it denied the employer’s motion for summary judgment.
No Adverse Employment Action, No Failure-to-Accommodate Claim, Tenth Circuit Rules
The Americans with Disabilities Act (“ADA”) includes within its definition of “discriminate,” an employer’s failure to provide a reasonable accommodation to a qualified individual with a disability. But, is a failure to accommodate standing alone—absent an adverse employment action—enough to establish an ADA failure-to-accommodate claim? For example, if an employer fails to accommodate a wheelchair-bound employee by refusing to move her office a few feet closer to the entrance, has the employer violated the ADA? In this scenario, assuming the facts show that traveling the extra distance is just a mere inconvenience, the answer likely depends on whether an adverse employment action is a required element of a failure-to-accommodate claim.
ADA: How Reasonable is Reasonable?
How reasonable must a reasonable accommodation be? Is moving an employee’s work location reasonable? Is providing an employee an aide reasonable? Of course, the answer depends on the circumstances and that’s what makes ADA compliance often difficult for employers. Consider the recent example of Hill v. Assocs. for Renewal in Educ., Inc.
Plaintiff Lacks Standing to Claim Website Violates ADA Where It Does Not Impede Ability to Access Physical Location of the Business
With the rise in lawsuits under Title III of the ADA regarding accessibility of websites, Courts have been framing how such claims fit into the law’s requirements for accessibility at places of public accommodation. The U.S. District Court for the Southern District of Florida recently provided additional clarification in Gomez v. Knife Management, LLC (S.D. Fla. Sep. 14, 2018).
Court Finds Standing Requirement for ADA Title III Claim Requires Plaintiff To Have “Concrete and Realistic” Plan to Return to the Hotel
A recent Middle District of Florida decision granted the Defendant’s Motion to Dismiss Plaintiff’s claims for relief under Title III of the ADA based on Plaintiff’s lack of standing to bring such claims. In Kennedy v. Cape Siesta Motel (MD FL Oct 4, 2018) the Plaintiff claims she encountered architectural barriers upon her visit to a motel in Brevard County, Florida. The Plaintiff lives about 175 miles from the motel but has a second home about 79 miles from the motel which she visits two to three times a month.
Another Court Decides That Extended Leave is Not a Reasonable Accommodation
As employers struggle with managing how much, if any, leave is required as an accommodation under the ADA, we are beginning to get more direction from the Courts to guide those decisions. In Easter v. Arkansas Children’s Hospital (E.D. Ark. Oct. 3, 2018) an employee was unable to work after exhausting her FMLA leave but she had an appointment to be evaluated by a specialist less than a month later. The employer denied the additional leave and terminated her employment. The Court held there was no violation of the ADA.
ADA Accessibility
Mike Katzen, a New York partner in Goldberg Segalla’s Employment and Labor practice group, discusses the contours and requirements of Title III of the ADA. He debunks a common misconception about whether certain structures are grandfathered in under the ADA. Mike then explains the criteria for measuring ADA compliance and
Dear Littler: Do We Have to Accommodate A Religious Objection to the Flu Shot?
Dear Littler: I work in a health care setting in New Jersey. As flu season is approaching, we emailed all of our patient care employees (nurses, physical therapists, intake staff, etc.) to remind them that an immunization is required by our employer. The deadline is looming, but we have a nurse that is refusing to get the vaccine based on her supposed religious beliefs. We have exempted her for that reason in prior years—but the flu outbreak was so terrible last year, our employer does not want to allow religious exemptions. Do we need to accommodate her?
Service Animals and the ADA – Part IV
The Americans With Disabilities Act (ADA) requires covered entities to make “reasonable modifications” in their policies, practices, or procedures when necessary to accommodate people with disabilities. Many individuals with disabilities use a service animal to conduct their daily life activities. Thus, businesses that have a “no pets” policy generally must modify the policy to allow “service animals” into their facilities.