Tag: ADA

How Pandemic, Political Shifts have Affected Affordable Care Act

Pandemic-related and political shifts regarding Section 1557 of the Affordable Care Act (ACA), the part that prohibits employer discrimination, have occurred over the last few years. Read on to learn what you need to know about (1) long-haul COVID-19 and disability discrimination and (2) the Biden administration’s approach to gender discrimination.

‘Long COVID’ and the Workplace: What a Long, Strange Trip It’s Been

Since the COVID-19 pandemic began, many people have caught (or know others who have contracted) the virus. Most who recover from the infection do so within a couple weeks or shortly thereafter. For some, however, the symptoms have persisted for months after contracting the illness. The condition has become so common it’s now dubbed as […]

mental health

11th Circuit Offers Guidance on Mental Disabilities and Workplace Safety

Major depressive disorder affects many Americans. In 2017, about seven percent of U.S. adults endured at least one major depressive episode, according to the National Institute of Mental Health. When the depressive episodes occur at work, they can create tough HR challenges. On May 27, 2021, the U.S. 11th Circuit Court of Appeals (which covers […]

Reassigning Disabled Employee to Another Job May Violate ADA

If disabled employees can’t be reasonably accommodated in their current job, the Americans with Disabilities Act (ADA) requires you to consider reassigning them to a vacant position they are qualified to perform. Under the Act, however, reassignment isn’t a preferred accommodation. As the U.S. 4th Circuit Court of Appeals emphasized in a recent case, you […]

ADA

MN Employer’s Attendance Policy Outweighs Former Employee’s ADA, FMLA Claims

Regular attendance at the worksite can be an essential job function, the U.S. 8th Circuit Court of Appeals (whose rulings apply to all Minnesota employers) recently reminded employers, upholding the termination of an employee who had violated the employer’s attendance policy. As a result, the former employee can no longer pursue her Americans with Disabilities […]

pretext

Employee with Essential Tremor Can Proceed with ADA Case, Federal Court Rules

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 […]

Alcoholism and the ADA

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.

ADA

Divided 10th Circuit Clarifies Elements of ADA Claim

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 […]

ADA

Title VII Case Fails vs. Firm Serving Navajo Nation

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 […]

discrimination

7th Circuit Rejects Associational Discrimination Claim

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 […]