Disability Discrimination
Woman 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…
Read MoreEmployer May Be Required To Allow Disabled Employee To Telecommute
Many times, workers may suffer from a serious condition that interferes with their ability to perform a major life activity. However, despite the existence of that condition, he or she may still be able to work with as long as a “reasonable accommodation” is made. Under Federal disability discrimination law, the Americans with Disabilities Act…
Read MoreArthritis 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 MoreObesity May Be Covered By The Americans With Disabilities Act or the Americans With Disabilities Act Amendments Act
Just who may be covered by the Americans with Disabilities Act (ADA) or the Americans with Disabilities Act Amendments Act (ADAAA) is not always clear. But, answering this question is crucial. The ADA/ADAAA protects qualified individual with disabilities from work place discrimination and harassment in several significant ways. Not all injuries, illnesses or even medically…
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