Tag: Americans with Disabilities Act (ADA)

Reassignment as a reasonable accommodation under the ADA

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 […]

Who let the dogs out?

by J. David Kutch A Palm Beach State College (PBSC) student received permission from the school to use a service dog trained to help her deal with the effects of her psychiatric disorders. However, she failed her classes and was escorted off the campus at times, apparently because two offices at the school had different […]

Ex-EEOC employee met requirements to pursue disability claim against agency

by Nancy Williams Just as private-sector workers are required to file an administrative charge of discrimination before filing a lawsuit under Title VII of the Civil Rights Act of 1964, federal employees also have prefiling requirements. In a disability discrimination case against the Equal Employment Opportunity Commission (EEOC), the 9th Circuit recently decided that the […]

Recent Court Decisions Highlight the ADA’s “Association” Provision

By Susan W. Kline In addition to prohibiting discrimination against qualified employees and applicants with disabilities, the Americans with Disabilities Act (ADA) prohibits employment discrimination against someone, regardless of whether he has a disability, because of his known relationship or association with a disabled person. The disabled person with whom the employee or applicant is […]

Is Obesity a Disability? Jury’s Still Out, but It’s a Serious Matter

Even though there’s no definitive rule on whether obesity is a disability under the amended, more employee-friendly Americans with Disabilities Act (ADA), you should be careful about how you treat overweight and obese employees. One in every three Americans age 20 and up was obese between 2007 and 2008, and about the same percentage was […]

Some Things Stay the Same under the ADA Amendments Act

by Timothy F. Murphy This week, to review what has and hasn’t changed under the amended Americans with Disabilities Act (ADA), we’re taking a look at a disability discrimination cases that deals with essential job functions and reasonable accommodation. Determining the truly essential functions of a job is often at the heart of a disability […]