At the end of September, the U.S. 7th Circuit Court of Appeals (which covers Illinois, Indiana, and Wisconsin), outlined—for the first time—the test for analyzing disability-based interference claims under the Rehabilitation Act and the Americans with Disabilities Act (ADA).
A Michigan employee sued her employer, alleging disability discrimination in the terms of promotions. A court of appeals heard the case and questioned whether or not the employee was actually disabled when she took her medication.
In a recent decision, the U.S. Court of Appeals for the 7th Circuit—which covers Illinois, Indiana, and Wisconsin—ruled that granting an employee additional leave beyond what he’s entitled to under the Family and Medical Leave Act (FMLA) is not a “reasonable accommodation” under the Americans with Disabilities Act (ADA).
In the following case, oversharing put an employer in hot water with the Equal Employment Opportunity Commission (EEOC) and created more legal headaches than the original Americans with Disabilities Act (ADA) charge brought by a former employee.
In a recent decision, the U.S. 5th Circuit Court of Appeals—which covers Louisiana, Mississippi, and Texas—addressed claims brought under the Americans with Disabilities Act (ADA) by an employee who had a noticeable stutter. The employee alleged his employers failed to accommodate his disability and subjected him to a hostile work environment.
Massachusetts Gen. L. Ch. 151B is the state statute that prohibits discrimination based on disability, and the interpretation of that statute sometimes differs from the federal Americans with Disabilities Act (ADA). One area where the two statutes diverge is an employer’s obligation to transfer an employee to a vacant position.
Employers often struggle with the Americans Disabilities Act’s (ADA) requirement to provide leave as a reasonable accommodation for an employee with a disability. How much leave is required? Is it ever okay to terminate an employee who requests leave? In a recent decision, the 7th Circuit Court of Appeals provides some solid answers to employers […]
A federal district court remanded the U.S. Equal Employment Opportunity Commission’s (EEOC) wellness program rules, finding it unclear how the rules’ 30% threshold met the Americans with Disabilities Act’s (ADA) requirement that wellness programs be “voluntary.”
An employee with a disability must demonstrate that he is able to perform the essential functions of his job, with or without reasonable accommodations, in order to be protected by the Americans with Disabilities Act (ADA). But what exactly does “essential functions” mean? What are the essential functions of a particular job, and who determines […]
Determining what is a reasonable accommodation under the Americans with Disabilities Act (ADA) is meant to be an interactive process between the employer and the employee. However, after exerting significant amounts of energy in the process, one Illinois employer got a reaction it had hoped to avoid—a lawsuit.