Disability

EEOC Informal Discussion Letter addresses ADA Obligations associated with Voluntary Wellness Programs

EEOC Logo In an Informal Discussion Letter issued earlier this year, the EEOC indicated that employers who provide incentive-based wellness programs may have to provide reasonable accommodations to employees under the Americans with Disabilities Act in certain circumstances. Read more

Seventh Circuit Affirms Jury Verdict of $415,000 against Employer in ADA Reasonable Accommodation Lawsuit

A former employee is entitled to $415,000 in damages where his employer required him to mop store floors after he made numerous requests for an accommodation due to a back condition, according to the United States Court of Appeals for the Seventh Circuit. Read more

No Reasonable Accommodation Claim based on Disabled Employee’s Dissatisfaction with Amount of Time spent on Interactive Process, according to the Seventh Circuit

Handicap Sign The United States Court of Appeals for the Seventh Circuit recently held that an employee could not proceed on a failure to provide reasonable accommodation claim under the Americans with Disabilities Act (“ADA”) where her employer engaged in an ongoing interactive process to identify proper accommodations. Read more

Ninth Circuit Holds No Disability Discrimination Claim Where an Employee’s Condition Prevented her from Performing Any Work

Disability Symbols An employee who admitted that her disability prevented her from performing any work cannot proceed on a disability claim under California law, according to the Ninth Circuit. Read more

Eighth Circuit holds that Employer met Interactive Process Obligations before terminating Employee whose Medical Condition prohibited him from meeting DOT Requirements

Truck The United States Court of Appeal for the Eighth Circuit recently held that an employee working as a Location General Manager for a frozen food delivery service is not entitled to a trial on a disability discrimination claim. Read more

Worker Fired for Alcohol Use Lacks FMLA or ADA Claim, Court Affirms

A Home Depot employee terminated for coming to work under the influence of alcohol had no claim under the Family and Medical Leave Act or the Americans with Disabilities Act after she signed an agreement that called for immediate termination if she tested positive for alcohol. Read more

Second Circuit holds that an ADA Plaintiff is entitled to a Trial on whether Timely Arrival at Work is an Essential Function and whether Employer Failed to Provide Reasonable Accommodation to Tardiness Policy

A plaintiff whose schizophrenia treatment precluded him from arriving to work by a specified time is entitled to a trial on his claim that his employer failed to provide reasonable accommodation under the Americans with Disabilities Act, according to the United States Court of Appeals for the Second Circuit. Read more

No Violation of Disability Law where there was no Reasonable Accommodation for Employee’s Stringent Medical Restrictions, according to Fourth Circuit

The United States Court of Appeals for the Fourth Circuit recently held that a nurse working in a hospital emergency department could not proceed on a claim that her employer failed to provide her with a reasonable accommodation where the evidence showed that she was completely restricted from doing any lifting, pushing/pulling, climbing, stretching or working above shoulders. Read more

First Circuit Holds that Plaintiff Can Proceed on Retaliation Claim after Termination for Refusal to Comply with Manager Directive

Stethoscope The United States Court of Appeals for the First Circuit held that a licensed practical nurse working for a prison inmate health care services provider can proceed to trial on a disability retaliation claim. Read more

Free Training Webinars; Audio Conferences Offered on ADA Accessibility

AccessibilityOnline is an online training program run by the Americans with Disabilities Act National Network and the U.S. Access Board, and offers a series of free webinars and audio conferences about accessibility under the Americans with Disabilities Act to the built environment, information and communication technologies and transportation. More presentations on accessibility topics are in the site's archives section. Read more

EEOC obtains $240 Million for Disabled Employees at Turkey Processing Facility

On May 1, an Iowa federal jury awarded a class of 32 men with intellectual disabilities with individual punitive damage awards of $2 million and compensatory damage awards of $5.5 million for a total of $240 million. Read more

A Deaf Applicant for a Lifeguard Position is entitled to Proceed with ADA Claim after Revocation of Job Offer, According to the Sixth Circuit

The Sixth Circuit recently held that a deaf applicant for a part-time lifeguard position should have a trial on his ADA discrimination claim because there are factual issues regarding whether he is qualified to do the job with or without accommodation. Read more