May is Mental Health Awareness Month in the United States. June is Men’s Health Month. For manufacturers competing for employees, these important topics often are overlooked.
Articles about the Americans with Disabilities Act (ADA), and other issues relating to disability discrimination in the workplace.
Louisiana Court Allows Accommodation, Retaliation Claims To Proceed to Trial
Louisiana Court Allows Accommodation, Retaliation Claims To Proceed to Trial
Second Circuit Issues Highly Anticipated Decision on Title III Braille Gift Card Appeal, Affirming Dismissal
On June 2, 2022, the Second Circuit issued a decision in Calcano, et al. v. Swarovski North America Ltd., et al., affirming dismissal of five consolidated cases brought by visually impaired plaintiffs who alleged various retail defendants must provide braille gift cards under the Americans with Disabilities Act (ADA). The
Service Animal Access to Healthcare Facilities
While people may be familiar with many of the rules relating to the admission of service animals into public venues, do the same rules apply when a patient or visitor seeks to enter a hospital, medical office, or other healthcare facility accompanied by a service animal?
Most healthcare facilities, particularly
Excusing False Positive Drug Test Caused by CBD Use May Be a Reasonable Accommodation, Says U.S. District Court in Louisiana
A federal district court in Louisiana, in Huber v. Blue Cross & Blue Shield of Florida, Inc., recently denied an employer’s motion for summary judgment in an Americans with Disabilities Act (ADA) and Louisiana Employment Discrimination Law (LEDL) case, finding, among other things, that accounting for and excusing a false
Mental Health in the Workplace: Addressing Employee Wellness and Raising Awareness in a Modern Era
With more employees returning to the office and physical workplaces as pandemic restrictions are eased and with an increasingly competitive labor market, it is especially important that employers be vigilant in responding to the mental health needs of their employees.
EEOC, DOJ Release Expectations on Employers’ Use of Technology, AI for Employment Decisions
For decades, employers have used technology to help decision-making, from hiring to performance bonuses. While seemingly taking human biases out of the equation, the U.S. Equal Employment Opportunity Commission (EEOC) and the Department of Justice (DOJ) have voiced concerns over potential disability discrimination from the use of technology.
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EEOC Issues Guidance on Artificial Intelligence and Americans with Disabilities Act Considerations
On May 12, 2022, the U.S. Equal Employment Opportunity Commission (EEOC) issued a “Technical Assistance” (TA) document addressing compliance with ADA requirements and agency policy when using AI and other software to hire and assess employees.
EEOC, DOJ Warn Artificial Intelligence in Employment Decisions Might Violate ADA
The U.S. Equal Employment Opportunity Commission (EEOC) and the U.S. Department of Justice (DOJ), on May 12, 2022, issued guidance advising employers that the use of artificial intelligence (AI) and algorithmic decision-making processes to make employment decisions could result in unlawful discrimination against applicants and employees with disabilities.
Education Department Seeks Input to Strengthen Section 504 Protections for Students With Disabilities
To start the process of updating the regulations implementing Section 504 of the Rehabilitation Act of 1973, a seminal disability civil rights law that provides protections to elementary, secondary, and postsecondary students, the U.S. Department of Education’s Office for Civil Rights (OCR) has announced that it will solicit public recommendations from students and their advocates and hold listening sessions to determine ways to improve the current regulations to achieve the present-day needs of America’s students with disabilities.
Kentucky Man Fired Following Panic Attack in Response to Unwanted Birthday Party Receives $450,000
In 2019, a Kentucky man was fired after having a panic attack in response to an unwanted office birthday celebration. Kevin Berling had been working for Gravity Diagnostics for about 10 months when he asked his manager not to plan any sort of party or celebration for his upcoming
Manufacturers Face Unique Problems in Accommodating Assembly Line Workers With Disabilities
As manufacturers rebound from the disruptive impact of the COVID-19 pandemic and begin putting more employees back to work, they should be prepared for a corresponding increase in requests for accommodation from assembly line workers.
A Very Unhappy Birthday: Lessons on Employee Anxiety
A Kentucky jury recently awarded Kevin Berling $450,000 for disability discrimination because his employer ignored his request not to celebrate his birthday and subsequently terminated his employment.
U.S. Supreme Court Excludes Emotional Distress Damages from Remedies Available Under Rehabilitation Act and Affordable Care Act
On April 28, 2022, the U.S. Supreme Court narrowed the scope of damages available under the Rehabilitation Act of 1973 (Rehab Act) and the Affordable Care Act (ACA). In a 6-3 decision, the Court held that emotional distress damages are not recoverable in a private action to enforce either
Circuit Courts Split on Standing to Sue in ADA Title III Website Accessibility Claims
On standing to sue under Title III of the Americans with Disabilities Act (ADA), two U.S. Circuit Courts have arrived at opposite conclusions where the plaintiffs did not allege any concrete injury and said they had no intention of visiting the hotels whose websites were the subject of their accessibility