A recent decision by the U.S. District Court for the Southern District of Ohio illustrates the relatively low bar an employee must clear to proceed with a regarded-as-disabled claim. Facts Douglas McGonegle worked for Sleep Number, a mattress and sleep accessory store, as an at-will employee (that is, he could be fired at any time […]
Have you ever wondered if alcoholism may be covered as a disability? If you have, you’re not alone. This topic can be perplexing for anyone learning about Americans with Disabilities Act (ADA) specifics, especially with how they pertain to current or previous drug or alcohol use.
Almost 2 years ago, a three-judge panel of the 10th U.S. Circuit Court of Appeals (which covers Kansas employers) had ruled employees can’t sue the employer for failing to provide a reasonable accommodation under the Americans with Disabilities Act (ADA) unless they can prove some additional adverse employment action. The full 10th Circuit recently revisited […]
The U.S. 10th Circuit Court of Appeals (whose rulings apply to all New Mexico employers) recently affirmed the dismissal of an employment discrimination lawsuit against a private corporation serving the Navajo Nation, finding it constituted an “Indian tribe” and was thus excluded from the legal obligations of Title VII of the Civil Rights Act of […]
One of the unusual features of the Americans with Disabilities Act (ADA) is that it includes a provision prohibiting discrimination “because of the known disability of an individual with whom [the employee] is known to have a relationship or association.” A recent decision by the U.S. 7th Circuit Court of Appeals—which covers Illinois, Indiana, and […]
Any Real Housewives fans out there? I’m not ashamed to admit that I sometimes (with shocking frequency) set aside my Wall Street Journal and Brendon Burchard books on high-performance business habits to engage in a slightly less lofty use of my downtime. Although the ladies of Beverly Hills reign supreme in my book, the housewives […]
The Equal Employment Opportunity Commission (EEOC) has updated its technical assistance Q&As, answering additional questions about the effect of the COVID-19 pandemic on federal employment laws the agency enforces.
Despite the COVID-19 global pandemic, businesses remain vulnerable to physical and digital accessibility claims and to being targeted by serial plaintiffs alleging violations of Title III of the Americans with Disabilities Act (ADA).
With the growing concern over coronavirus, last week the Equal Employment Opportunity Commission (EEOC) released “What You Should Know About the ADA, the Rehabilitation Act and the Coronavirus.” The short article notes that the agency’s standard pandemic guidance identifies “relevant established principles and answers questions frequently asked about the workplace during Coronavirus-like events.”
Imagine two résumés showing equally desirable qualifications. One belongs to a thin applicant and the other to an applicant viewed as overweight. Which candidate gets the job? An even more intriguing question: What if the heavier applicant had a more impressive résumé than the thinner candidate? Which candidate would get the job in that case?