As diagnoses of neurodiversity become more common, employers are facing more disability discrimination complaints from neurodivergent workers, according to recent data from the U.S. Equal Employment Opportunity Commission (EEOC).
Articles about the Americans with Disabilities Act (ADA), and other issues relating to disability discrimination in the workplace.
DOJ Withdraws 11 Pieces of Americans With Disabilities Act Title III Guidance: What Covered Businesses Need to Know
The Department of Justice (DOJ) withdrew 11 documents providing guidance to businesses on compliance with Title III of the Americans with Disabilities Act
Yes…Leaves of Absence and Reasonable Accommodations AGAIN! – Workplace Wake-Up with Jen Shaw
In this episode, Jen provides some best practices for avoiding liability related to leaves of absence and reasonable accommodations.
Employer Group Sues to Block Mental Health Parity Rules
Only weeks after the principal effective date for the final 2024 federal mental health parity rules for employer-sponsored health benefit plans, those rules—and specifically some key features that are frustrating employers—are being challenged as examples of regulatory overreach.
ADA Public Accommodation Challenges for Restaurant Industry Operators
Food establishments are committed to serving all customers fairly, including offering reasonable accommodations for individuals with disabilities.
U.S. Supreme Court Urged to Extend ADA Protections to Former Employees
The U.S. Supreme Court heard oral arguments on Jan. 13, 2025, in Stanley v. City of Sanford (No. 23-997), which addresses whether former employees have a
Practical and Political Tipping Points for Workplace Accommodations
“The only thing for sure that we can say about 2025 is that the changes are just going to keep coming. So, make sure that you’ve really got your eye on the ball, that you’re plugged into your different resources so that you can stay ahead of the curve, be compliant and be the employer of choice.”
Websites Are Not Places of Public Accommodation Subject to Title III of the ADA, Federal Court in New York Rules
In a careful, reasoned decision that deeply explored the meaning of “public accommodation” under the Americans with Disabilities Act (ADA), the chief judge of the U.S. District Court for the Southern District of New York held in Mejia v. High Brew Coffee Inc. that websites and virtual-only businesses are not
The U.S. Mental Health Crisis
This article is a continuation of a series of Alerts providing guidance for employers on handling mental health issues in the workplace and specifically addresses issues that relate to neurodiversity and employees who self-identify as neurodivergent.
Indefinite Remote Work Isn’t a Reasonable Accommodation When In-Office Presence Is Essential Job Function, Federal Court Rules
On October 17, 2024, the U.S. District Court for the District of Kansas entered summary judgment in favor of the Unified Government of Wyandotte County/Kansas City, Kansas, as representative of the Kansas City Board of Public Utilities (BPU) and against a former employee, Jill Ann Rogers, on her claims for
Fourth Circuit Issues Opinion Regarding Hemp-Derived (Delta-9) Products in Case Involving ADA Claims
On September 4, 2024, the Fourth Circuit Court of Appeals, in Anderson v. Diamondback Investment Group, LLC, ruled on whether a former employee’s use of lawful hemp-derived products containing delta-9-tetrahydrocannabinol (THC) to treat anxiety and muscle spasms formed a sufficient basis for an unlawful termination and failure to accommodate claim
Employer’s ‘Take It or Leave It’ Offer of Remote Work as Reasonable Accommodation Is a Jury Question, D.C. Circuit Rules
On August 9, 2024, the U.S. Court of Appeals for the District of Columbia Circuit reversed the district court’s grant of summary judgment in favor of the U.S. Environmental Protection Agency (EPA) on an employee’s failure-to-accommodate claims under the federal Rehabilitation Act of 1973.
ADA Compliance in Real Estate
Intensive Workshop: Effectively Managing Leaves of Absence and Reasonable Accommodations (Advanced Topics)
We hire employees to do their job, but what happens when they need protected time off or a reasonable accommodation?
Workplace Law After ‘Loper’: Is Disability and Leave Management in Peril?
Recent SCOTUS decisions, including Loper Bright could see challenges to ADA and FMLA regulations.