Disability Discrimination
Arthritis May Be Considered a Disability for Purposes of the ADA/ADAAA
The Americans with Disabilities Act (ADA) and the Americans with Disabilities Act Amendments Act (ADAAA) protect qualified individuals with disabilities from discrimination. This definition can be confusing to some, particularly figuring out who is covered by the act and whether your condition is considered a “disability.” If you have questions about the ADA, whether you are…
Read MoreGetting to Work on Time Isn’t Always an Essential Job Function Under the ADA
In many situations, workers may sustain certain types of injuries or have a legally defined disability, but still be able to perform many of the functions of their job with some slight adjustments. The Americans with Disabilities Act (the “ADA”) and the American with Disabilities Act Amendments Act (the “ADAAA”) are designed to protect these…
Read MoreCompany’s Excuse That It Fired Employee for Insubordination Could Be Considered “Pretext”
It’s easy to imagine a work situation where a company decides it wants to fire a worker wrongfully – such as because of their gender, age or nationality. Fortunately employment laws rightfully prohibit a company from doing so. In legal terms, the concept of “pretext” applies where a company comes up with an excuse for…
Read MoreFMLA Leave Covers Care of Children Regardless Of Age Disability Begins
The Wage and Hour Division of the Department of Labor has just issued an important opinion regarding the Family and Medical Leave Act. Officially entitled Administrator’s Interpretation No. 2013-1, the WHD has determined under the FMLA, an employee is eligible to take leave to care for a child who is “incapable of self-care because of a…
Read MoreWhat Is An Essential Function Of Your Job?
What is an essential function of your job? The answer may affect your ability to bring a disability discrimination lawsuit. A basic rule of the federal anti-disability discrimination law (the ADA and the ADAAA) is that employers are prohibited from discriminating against “qualified individuals with a disability” in the terms and conditions of employment. A…
Read MorePolicy To Automatically Fire Employees After Using Up Leave Violates ADA
Your employer cannot automatically fire you once you have used up your leave, a U.S. District Court in Colorado has determined. The Equal Employment Opportunity Commission (EEOC) has just settled a $4.85 million lawsuit with the nationwide trucking firm, Interstate Distribution Company, stemming from allegations that the trucking firm automatically fired sick or injured employees…
Read MoreLeave May Be Considered A Reasonable Accomodation Under The ADA
Can leave be considered a “reasonable accommodation”? At a recent labor and employment conference, an employers’ duty toward workers with injuries was discussed. Calling the “American with Disabilities Act” (the ADA) an “inadvertent leave law” an EEOC Commissioner explained that after employees have exhausted the leave entitled to them under the Family and Medical Leave…
Read MoreIs Telecommuting Considered An Accommodation Under The Americans With Disabilities Act?
With the proliferation of technology making in possible is many situations to telecommute, disabled workers may wonder if a request to work remotely should be considered a “reasonable accommodation” under the Americans with Disabilities Act (ADA). According to several cases, whether an employer must grant a request to telecommute should be based on a fact-specific…
Read MoreTransfer For Medical Treatment Determined To Be A Reasonable Accommodation
In a case of first impression, a New Mexico court looked at whether a woman could sustain a case under the federal Rehabilitation Act after her employer denied her request to transfer her from her position in Texas to one in New Mexico to facilitate her medical treatment. In Sanchez v. Vilsak, the Tenth Circuit appellate…
Read MoreEmployers May Be Required To Transfer Disabled Workers To Vacant Positions
If you can’t do your job because of a disability, your employer must transfer you to a vacant position you are qualified for, a recent disability discrimination case determines. In EEOC v. United Airlines Inc., the 7th Circuit reversed previous case law, concluding that absent a “particularized showing of undue hardship” the Americans with Disabilities Act requires employers…
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