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by Jane Pfeifle An employer made an incorrect assumption about a disabled applicant. When a court disagreed with the assumption, the employer paid the applicant more than $50,000. Lynn, Jackson, Shultz & Lebrun, P.C., the firm of article author Jane Wipf Pfeifle, was involved in this case. All facts are taken solely from the court’s […]
by Connor Beatty Sometimes an employee who isn’t making the grade may blame his lackluster performance on the side effects of certain medication he’s taking. Although managers may express some skepticism about that excuse, there are times when a cause-and-effect relationship might exist. That appears to have been the case for a Maine lawyer whose […]
by Julia M. Hodges Obesity is a disease, according to the American Medical Association (AMA). The AMA’s recent declaration has a multitude of implications for employers, including the potential for increased disability-related litigation. Whether courts will decide to consider obesity a disability under the law remains to be seen, but employers everywhere should beware. Obesity […]
by Christopher J. Pyles Employers often face difficult challenges when they’re called on to determine if employees are “disabled,” especially when considering characteristics like height and weight. It’s up to you Under the Americans with Disabilities Act (ADA), a person is considered “disabled” if he has a physical or mental impairment that substantially limits one […]
by Tobias S. Piering and Andrew Moriarty What do menstrual cramps, temper tantrums, and getting old have in common? They’re all symptoms of new mental health disorders recognized in the latest version of the Diagnostic and Statistical Manual of Mental Disorders (DSM-5)―a controversial but widely used authority on mental health diagnoses. New disorders Published by […]
Employers are accustomed to the basics regarding the Americans with Disabilities Act (ADA), but the details can get tricky especially since employers must navigate the changes brought on by the ADA Amendments Act (ADAAA), which made it easier for individuals with a range of impairments to qualify for protection under the law. Recently, the Equal […]
by Holly Jones Late last year, a small private university in Massachusetts entered into a detailed settlement related to accommodating food allergies on campus. The settlement was the first of its type in higher education, but could it have broader implications for employers in general? University under fire for mandatory meal plan program In 2009, […]
by Tammy Binford A new study from business and research organization The Conference Board says that more than 10 percent of the U.S. population currently has some form of disability. Other research from the U.S. Census Bureau shows that disproportionate numbers of people with disabilities are either unemployed or working in jobs that pay low […]
by Brandon Gearhart A recent decision from the U.S. 6th Circuit Court of Appeals (whose rulings apply to all Kentucky, Michigan, Ohio, and Tennessee employers) illustrates the importance of the interactive process when making employment decisions about a disabled worker. The court returned a previously dismissed Americans with Disabilities Act (ADA) claim to the lower […]
by Burton J. Fishman Of the many contentious accommodation issues under the Americans with Disabilities Act (ADA), perhaps the most hotly debated is whether reassignment to a vacant position is a reasonable accommodation. Although the ADA lists “reassignment” as a possible accommodation and the Equal Employment Opportunity Commission (EEOC) supports that position, many courts have […]