Real World Impact: This is the first in a series of Alerts that will provide guidance to employers on navigating the complicated mix of concerns that can arise when dealing with employee mental health issues.
Articles about the Americans with Disabilities Act (ADA), and other issues relating to disability discrimination in the workplace.
The ADA Turns 34: The Intersection of Technology, AI, and Individuals with Disabilities
On July 26, 1990, the Americans with Disabilities Act (ADA) was signed into law. On the recent 34th anniversary of the ADA, U.S. Equal Employment Opportunity Commission (EEOC) General Counsel Karla Gilbride and U.S.
If You Re-Started Your Workplace with Five Privileges of Employment, How Would You Break Down Barriers for Colleagues with Disabilities?
Beads of sweat formed on my forehead, and my eyes began tearing up.
It was one month ago, and all it took was five minutes.
I was seated among 35 of my Littler colleagues, all of us participating in a week-long Executive Leadership Program through Northwestern’s Kellogg School of Management.
Reasonable Accommodations Decoded
In this episode, Jen provides a roadmap for addressing reasonable accommodations requests.
Eighth Circuit Chips Away at ‘Honest Belief’ Defense and Creates ‘Intertwinement Test’ for Disability Discrimination Cases
On July 1, 2024, in Huber v. Westar Foods, Inc., in a 2–1 decision, the Eighth Circuit Court of Appeals departed from the “honest belief” defense recognized by the First, Second, Fourth, Fifth, and Seventh Circuits (and U.S. Equal Employment Opportunity (EEOC) guidance), holding that an employer must show that
Sixth Circuit Opinion Offers Guidance on How Employers Can Identify Reasonable Accommodation Requests Under the ADA
It is well settled that when requesting reasonable accommodation under the Americans with Disabilities Act (ADA), employees are not required to use the words “ADA,” “reasonable accommodation,” “disability,” or any other special words—nor are they required to make the request in any specific manner (e.g., oral or written). Employees are
Always Address Leaves of Absence and Accommodation Case-by-Case
In this episode, Jen explains why you cannot have a “rulebook” for handling leaves of absence and accommodations.
Eleventh Circuit Upholds Ruling for Employer on ADA Claims Where Employee Submitted Noncompliant Return-to-Work Letter
On February 7, 2024, in Jones v. Georgia Ports Authority, the U.S. Court of Appeals for the Eleventh Circuit affirmed a district court’s grant of summary judgment for an employer where a former employee who requested an accommodation under the Americans with Disabilities Act (ADA) had failed to provide return-to-work
Medical Marijuana Usage Is Not Protected Under the ADA, Vermont Federal Court Rules
On February 14, 2024, a judge of the U.S. District Court for the District of Vermont dismissed a plaintiff’s Americans with Disabilities Act (ADA) discrimination and failure-to-accommodate case, holding that his medical marijuana usage was not protected under the ADA (Skoric v. Marble Valley Regional Transit District).
EntertainHR: Marvel’s Echo Teaches Employers About the Importance of Accommodations in the Workplace
The character of Maya Lopez (a/k/a Echo) was first introduced in the Marvel Cinematic Universe in Hawkeye as the leader of the Track Suit Mafia, the crime syndicate run by Wilson Fisk. After Maya learns her father was killed on Fisk’s orders, Maya leaves the syndicate and shoots Fisk. Echo
How can employers address the effects of employees’ mental health issues in the workplace?
Federal Court Rules That Online-Only Retailer’s Website Is Not a ‘Place of Public Accommodation’ Under the ADA
On February 9, 2024, a federal judge in the Western District of Pennsylvania departed from earlier rulings in the district to hold that an online retailer’s website and its other digital properties did not constitute a “place of public accommodation” under Title III of the Americans with Disabilities Act (ADA).
Deaf Ramp Agent’s Inability to Communicate With Others While Working Posed ‘Direct Threat’ to Employee Safety, Court Rules
SkyWest Airlines, Inc., was justified in discharging a deaf ramp agent because his inability to hear or effectively communicate posed a “direct threat” to the safety of himself and others, the U.S. District Court for the District of North Dakota ruled in dismissing the former employee’s allegations of employment disability
The Scope of “Associational” Discrimination
In this episode, Jen reviews the EEOC’s recent settlement of an “associational” discrimination claim and explains the best practices in this area.
Justice Department Proposes ADA Regulations Impacting Healthcare Industry
On January 12, 2024, the U.S. Department of Justice (DOJ) published a notice of proposed rulemaking (NPRM) under Title II of the Americans with Disabilities Act (ADA) that would require accessible medical diagnostic equipment (MDE) and other accessibility-related practices for persons with disabilities in the healthcare industry. Quick Hits On