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Home > Federal Law Articles > Disability Discrimination

Articles about the Americans with Disabilities Act (ADA), and other issues relating to disability discrimination in the workplace.

U.S. Department of Health and Human Services Proposes Guidelines for Hair Drug Testing

September 11, 2020 | Jackson Lewis Filed Under: Drug & Alcohol

Jackson Lewis

The Substance Abuse and Mental Health Services Administration (SAMHSA), U.S. Department of Health and Human Services (DHHS), proposed scientific and technical guidelines for hair drug testing in federal workplace drug testing programs in the Federal Register on September 10, 2020. The proposed Mandatory Guidelines for Federal Workplace Drug Testing Programs

Directly-Observed Urine Collections Do Not Constitute Invasion of Privacy Where Employees Consented to Drug Testing

September 2, 2020 | Jackson Lewis Filed Under: Drug & Alcohol, Privacy And Surveillance

Jackson Lewis

The Supreme Court of Ohio held that an at-will employee has no cause of action for common law invasion of privacy after the employer required the employee to submit to a directly-observed urine collection drug test.  Lunsford v. Sterilite of Ohio, LLC, slip op. No. 2020-Ohio-4193 (August 26, 2020).

Sterilite

Opioid Addiction and the ADA: The EEOC Provides Timely Guidance

August 28, 2020 | Ogletree Deakins Filed Under: Drug & Alcohol, EEOC

It is established that an employee’s drug addiction may qualify as a disability under the Americans with Disabilities Act (ADA), provided the employee is not currently using illicit substances. In the U.S. Equal Employment Opportunity Commission’s (EEOC) Technical Assistance Manual on the Employment Provisions (Title I) of the Americans with

Understanding ‘Standing’: The Eighth Circuit Slams the Brakes on Three More ADA Title III ‘Drive-By’ Suits

August 19, 2020 | Ogletree Deakins Filed Under: Public Accommodations

Continuing a trend that saw Minnesota courts dismiss at least eight disability access lawsuits under Title III of the American with Disabilities Act (ADA) in 2018 and 2019, the Eighth Circuit Court of Appeals, which has jurisdiction over Minnesota as well as several other states, recently affirmed the dismissals of

A ‘Get Out of Masking Free’ Card Based on the ADA?

July 8, 2020 | Ogletree Deakins Filed Under: Reasonable Accommodation

It should come as no surprise that the masking debate continues to heat up. In the past week, news outlets and social media platforms have been abuzz about face mask exemption cards.

Pandemic Leads to Accommodation Claims under Federal and State Laws

June 23, 2020 | Jackson Lewis Filed Under: Coronavirus, Reasonable Accommodation

Jackson Lewis

The New York District Office of the Equal Employment Opportunity Commission recently commented that it had received an increasing number of charges relating to the COVID-19 pandemic, all of which alleged violations of the reasonable accommodation mandate of the Americans with Disabilities Act (ADA).  While the number of filings was

No Mask, No Service: Supermarket Sued for Disability Discrimination Over Strict Face-Covering Policy

June 4, 2020 | Ogletree Deakins Filed Under: General (ADA)

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

First Circuit Holds that Having an Employee Involuntarily Committed May Not Violate the ADA

May 28, 2020 | Littler Filed Under: General (ADA)

Littler

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

Serial ADA Plaintiff Declared Vexatious Litigant in Federal Court in California

May 14, 2020 | Jackson Lewis Filed Under: General (ADA), General (Lawyering)

Jackson Lewis

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

Class Action Suit Claims ADA Requires Public Accommodation to Prevent Spread of COVID-19 at Facility

May 14, 2020 | Jackson Lewis Filed Under: Coronavirus, Public Accommodations

Jackson Lewis

Despite significant legal obstacles, on May 4, 2020, a group of plaintiffs filed a class action complaint alleging the Queens Adult Care Center (QACC) violated Title III of the Americans with Disabilities Act (Title III) and its precursor, Section 504 of Rehabilitation Act (Section 504), by failing to provide a

Risky Business: EEOC Interprets ADA Coverage for Individuals at Higher Risk of Contracting COVID-19

May 8, 2020 | Littler Filed Under: Coronavirus, Direct Threat

Littler

In a series of guidance issued since May 5, 2020 (some of which was withdrawn, revised, and reissued), the U.S.

In Wave of Opinions, Court Rejects ADA Requirement for Braille Gift Cards

May 1, 2020 | Jackson Lewis Filed Under: General (ADA)

Jackson Lewis

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,

Second Circuit: Migraines Insufficient to Support a Disability Under the ADA

February 19, 2020 | Jackson Lewis Filed Under: Particular Conditions

Jackson Lewis

The Second Circuit recently held that an employer did not violate the Americans with Disabilities Act when it refused to transfer, and then terminated, an employee because of his inability to perform his job due to migraines caused by the stress of his job.  Woolf v. Strada. In this case,

Can an Employer Refuse to Hire an Employee Because of the Employee’s Risk of Developing a Disability?

November 11, 2019 | Jackson Lewis Filed Under: General (ADA)

Jackson Lewis

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.”

The SCOTUS Decides Not To Grant Certiorari in Robles v. Domino’s Pizza

October 28, 2019 | Jackson Lewis Filed Under: Public Accommodations

Jackson Lewis

The much-anticipated decision from the U.S. Supreme Court (SCOTUS) on Domino’s Pizza’s Petition for Certiorari is in. On October 7, 2019, the SCOTUS denied review of a decision from the Ninth Circuit Federal Court of Appeals in Robles v. Domino’s Pizza.

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Disability Discrimination Article Index

  • Direct Threat (9)
  • Disability Defined (7)
  • Drug & Alcohol (15)
  • Essential Functions (7)
  • Evidence (2)
  • General (ADA) (67)
  • Mental Disabilities (6)
  • Otherwise Qualified (7)
  • Particular Conditions (19)
  • Post Hire Inquiries and Exams (5)
  • Pre Employment Inquiries (3)
  • Public Accommodations (8)
  • Reasonable Accommodation (70)
  • Regarded as Claims (2)
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