When an employee requests an accommodation or asserts a claim under the Americans with Disabilities Act, an employer’s second question—right after “Are we even covered by the ADA?”—will likely be: “Did/does the employee have a disability?” (Claims from employees who are merely perceived as disabled are a topic for another day.) The definition of a
Disability Accommodations Can Take Many Forms
Often times when I am speaking to a client about an employee’s requested accommodation for a disability, we are talking about leave as that is often the request most difficult to accommodate. Another one that gives employers fits is “light duty.” But what about some other types of accommodations?
A recent Pennsylvania case reminds employers
Volvo Reaches $70k Settlement in Disability Discrimination Suit After Refusing to Hire Applicant on Suboxone
Volvo Group North America, LLC will pay $70,000 and institute a three-year consent decree to resolve a federal disability discrimination suit brought by the U.S. Equal Opportunity Employment Commission (EEOC).
According to the suit, Volvo made a conditional job offer to a qualified applicant for a laborer position at its Hagerstown, Maryland facility. The applicant,
EEOC Sues Freight Company for Failing to Accommodate Emotional Support Dog
A notable case caught our eye recently coming out of the United States District Court for the Middle District of Florida filed by the Equal Employment Opportunity Commission (“EEOC”). Namely, The EEOC sued CRST International, Inc. (“CRST”) claiming that it, among other things, violated the Americans with Disabilities Act (“ADA
Florida Jury Puts the Hammer Down on Mercedes Dealers in Disability Discrimination Dispute
Bill Egan writes:
Aside from whistleblower and highly offensive sexual harassment cases, there may be no claim that elicits the protective instincts of the average jury more than disability discrimination cases, especially where the disability is cancer-related. Employees with disabilities who are terminated without
Eighth Circuit Holds That Employer’s Duty To Engage in Reasonable Accommodation Discussions Can Be Inferred from Circumstances
Bill Egan writes:
Under the Americans With Disabilities Act (ADA), a covered employer must provide reasonable accommodations to disabled employees, unless doing so would cause an undue hardship on the employer. Generally, an employer’s duty to reasonably accommodate is initiated by a request for an accommodation from a disabled employee or someone speaking on the
Trying Your Luck With Employees Who Are Compulsive Gamblers
Gambling at casinos and on sports events have been a part of the fabric of American life since long before employment laws existed. Unfortunately, the thrill of the bet can give way to a compulsive addiction that, left unchecked, can destroy an individual’s life. If you have a workplace of any size, it is likely
Employer Settles Disability Discrimination Suit for $200K: Some Takeaways
Time for a pop-quiz on disabilities in your workplace! (I hope you brought your No. 2 pencils, because it’s multiple choice).
You are a supervisor at Company X. You have an employee who has worked for the company for a number of years. By all accounts, he’s a reasonably good employee — receiving raises and
New EEOC Guidance Details ADA Effects on Employer Leave Policies
In newly published guidance, the Equal Employment Opportunity Commission (“EEOC”) discusses employer leave policies and the Americans with Disabilities Act (“ADA”). This guidance is significant for a number of reasons. First, ADA-related developments feature prominently in the EEOC’s most recent enforcement plan.
New EEOC Publication Outlines ADA Rights of HIV-Positive Employees
Today’s post comes to us courtesy of Brian McGinnis, an associate in our Labor and Employment Department in our Philadelphia office.
The Centers for Disease Control and Prevention estimate that over 1.2 million Americans live with an HIV-positive health status. Under the Americans with Disabilities Act (“ADA”), HIV-positive status qualifies as a disability, providing