Tag: disability

ADA

Off the Hook for ADA Discrimination Claim? Not So Fast, Says Texas Court

I know this sounds like a contradiction, but a Dallas court recently said it wasn’t. So, a Texas employer can be cleared of firing an employee because of his disability—despite the Americans With Disabilities Act (ADA)—but still be liable for failing to provide a reasonable accommodation. The Dallas office of the Equal Employment Opportunity Commission […]

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disability

Iowa Court Decision Blurs Definition of Disability in Workers’ Comp Cases

A recent decision from the Iowa Court of Appeals should cause Iowa employers to hit pause on routine decisions relating to workers’ compensation claimants. The decision, Vetter v. Iowa Department of Natural Resources, effectively dismantled the definition of “disability” for disability discrimination claims.

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nuclear

Was There Fallout from Nuclear Plant Employee’s ADA Claim?

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.

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retirement

Retirement: The Unique Status of California’s Largest Employer

In a recent case, the court of appeal agreed with a public university, which also happens to be one of California’s largest employer, that certain laws regulating the retirement status and rights of peace officers do not apply to the university under its own retirement plan—even after the university reversed its own practice of complying […]

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back injury

Does Mine Supervisor with Bad Back Have Disability Bias Claim?

Terminated employees who sue often file claims for unlawful discrimination and breach of the covenant of good faith and fair dealing. Recently, the Alaska Supreme Court analyzed how a claim for breach of the covenant of good faith and fair dealing relates to a disability discrimination claim. The court also considered when evidence is sufficient […]

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New York

Is Needle-Phobic Pharmacist Eligible for a Reasonable Accommodation?

The 2nd Circuit—which covers Connecticut, New York, and Vermont—recently heard claims that a pharmacy violated the Americans with Disabilities Act (ADA) when it fired a pharmacist, whose fear of needles prevented him from administering immunizations. Did the pharmacist have a claim for disability discrimination?

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