Disability Discrimination
The ADAAA Expands Definition of Disability
The Americans with Disabilities Act Amendments Act (ADAAA), was enacted five years ago with the goal of strengthening and broadening the Americans with Disabilities Act (ADA), which made it illegal to discriminate against workers with disabilities. The ADA/ADAAA prohibits discrimination against “qualified individuals with a disability” in the terms and conditions of employment.” The ADA…
Read MoreIs Your Physical Presence at Work an Essential Job Function?
The Americans with Disabilities Act (ADA) and the Americans with Disabilities Act Amendments Act (ADAAA) protect certain qualified individuals with disabilities from discrimination at work. This means that your employer cannot take negative actions against you as a result of your disability, because you have a record of a disability, or because it regards you as disabled.…
Read MoreEssential Functions of One’s Job Not Dependent Exclusively on Stated Job Requirements
The question of what constitutes an “essential function” of one’s job is a pivotal inquiry in many disability discrimination cases filed under Americans with Disabilities Act, as amended by the ADAAA Amendments Act of 2008 (“ADAAA”). Pursuant to the ADA/ADAAA, it is illegal for your employer to discriminate against “qualified individuals with a disability” in the terms…
Read More11th Circuit Remands Case to Determine What Is an Essential Function Under the ADA
A recent disability discrimination case evaluated whether a Type 1 insulin-dependent diabetic man could maintain his claim for disability discrimination against Federal Express Corporation “FedEx” under the Americans with Disabilities Act (“ADA”) and its counterpart, the Florida Civil Rights Act. In Samson v. Federal Express Corporation, the 11th Circuit Court of Appeals determined that he could. In 2009…
Read MoreIs Attendance an Essential Function of Your Job?
If you take a leave of absence from work because of a disability, do you know if you are entitled to return to your job? Your employment rights depend on a variety of factors, so it is always important to check with an experienced Atlanta employment attorney if you have any questions about your rights…
Read MoreA Temporary Impairment May Be Considered a Disability
A recent disability discrimination lawsuit determined that impairment, even if temporary may be considered a disability under the ADA Amendments Act. The issue came up in a case where an analyst was fired after he injured both his legs so that he wasn’t able to walk normally. According to reports, the worker fell and injured…
Read MoreTemporary Illnesses or Conditions May Be Covered by the ADA/ADAAA
When does an illness or condition constitute a disability that is covered under the Americans with Disabilities Act (ADA) or the Americans with Disabilities Act Amendments Act (ADAAA)? In a recent case, Gogos v. AMS Mech. Sys., Inc., a pipe welder – Anthimos Gogos – alleged he was fired for seeking medical treatment after his blood…
Read MoreWoman with Perfume Sensitivity May Be Able to Bring Disability Discrimination Lawsuit
A recent disability discrimination case examined the actions of a jail dentist. In Mitter v. Cnty. of DuPage, a nurse alleged that the jail dentist planted strongly perfumed objects around his office, despite her claims she had extreme sensitivity to chemicals. Disability discrimination lawsuits can arise in a variety of situations. The ADA prohibits discrimination against…
Read MoreReasonable Accommodations May Not Have to Be Essential to Allow a Worker to Perform Job
The Americans with Disabilities Act (ADA) and the Americans with Disabilities Act Amendment Act (ADAAA) protect individuals with “disabilities” from discrimination. Specifically these anti-discrimination laws prohibit discrimination against “qualified individuals with a disability” in the terms and conditions of employment. The ADA & ADAAA also prohibit disability harassment and retaliation against you for complaining about disability discrimination or…
Read MoreWoman Allowed to Maintain Claim of “Regarded As” Disability Discrimination After Termination
In order to combat various forms of employment discrimination at work, Congress passed Title VII of the Civil Rights Act of 1964. While this law makes certain forms of discrimination illegal such as race, color, sex and national origin it does not include disability discrimination. Accordingly, Congress passed the Americans with Disabilities Act (ADA) to…
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