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An obese Chicago Transit Authority (CTA) bus operator alleged he was discriminated against when the agency refused to allow him to return to work following medical leave. A federal court recently said “fat chance” to the CTA’s request for early dismissal of the driver’s Americans with Disabilities Act (ADA) claim.
2017 is a year of uncertainty for the HR sector. Absence and disability management professionals are no different. A new president and Congress are sure to institute laws and regulations that make changes great and small. At the same time, states and localities continue to make their own legal and regulatory changes, especially around paid leave.
On procedural grounds, a federal appeals court rejected a lawsuit from the U.S. Equal Employment Opportunity Commission (EEOC) against an employer that had conditioned health coverage on participation in a wellness program.
by Marianne Koepf, Carothers DiSante & Freudenberger LLP Winning summary judgment (a judgment in your favor without a full trial) in a disability discrimination case is rare for employers in California. Disability cases are often factually messy and involve complex legal issues. However, it can be done, as the California Court of Appeal’s recent decision […]
Lawsuits alleging that inaccessible websites violate the Americans with Disabilities Act (ADA) have increased drastically in recent years, even without regulations requiring such accessibility.
Can an employee’s frequent tardiness be used to establish that she has a disability because she is limited in the major life activity of working? Does an employee have to request leave under the California Family Rights Act (CFRA) before she has the right to take job-protected leave under the CFRA? A California Court of Appeal answered those questions in a recent case brought by a radio host.
by Peyton S. Irby, Jr. A recent decision by the U.S. 5th Circuit Court of Appeals—which covers Louisiana, Mississippi, and Texas—discussed a scenario in which an employer moved fairly slowly in engaging in the interactive process and providing reasonable accommodations. Let’s see what happened.
By Bridget Miller Most employers are well aware that disability discrimination is illegal. But, some may not realize that many mental health issues are also covered by the Americans with Disabilities Act (ADA). Here are some tips on avoiding mental health discrimination from guest columnist Bridget Miller.
Under the Americans with Disabilities Act (ADA), an employee who is a qualified individual with a disability may not be subjected to discrimination or an adverse employment action on the basis of her disability. The ADA, however, does not prohibit an employer from requiring an employee to be able to perform the essential functions of her job with or without a reasonable accommodation.
By Joan Farrell, JD In yesterday’s Advisor, BLR® Senior Legal Editor Joan Farrell, JD, explained some of the new guidance on mental health conditions released by the Equal Employment Opportunity Commission (EEOC). Today, Farrell has additional details on the matter.