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In recent years, several U.S. Supreme Court rulings have barred employees from suing states under a variety of federal employment statutes, including the Age Discrimination in Employment Act and the Americans with Disabilities Act. But a new high court ruling gives state workers a victory, finding they can sue their employers for violating the Family […]
Deborah Wells was a bookkeeper for Clackamas Gastroenterology Associates, a medical clinic and professional corporation with four physician shareholders and directors and about 12 employees. When Wells was terminated, she sued the clinic under the Americans with Disabilities Act. The clinic responded that it didn’t have enough employees to be covered by the ADA. Join […]
The California Supreme Court has handed down a new decision making it easier for disabled workers in California to sue their employers for job discrimination. The court ruled that under the state Fair Employment and Housing Act, an individual claiming workplace disability discrimination need only show that their disorder limits a major life activity. In […]
On October 7, 2002, the U.S. Supreme Court reconvened for a new session. The court’s docket this term includes a case involving whether physician-shareholders can be counted as employees for purposes of determining employer coverage under the Americans with Disabilities Act and a case regarding whether state employers can be sued for violations of the […]
The Equal Employment Opportunity Commission has published a practical new guide to the Americans with Disabilities Act. The guide is geared toward small employers, but contains useful information regardless of employer size. Topics covered include: who is protected; avoiding mistakes during interviews; what questions you can ask about a medical condition; and more. For a […]
If your website doesn’t include reader friendly alternatives for people with disabilities, such as sight impairments, you might be violating the Americans with Disabilities Act. The Center for Applied Special Technology offers a free tool at that employers can use to test whether their web pages are accessible to disabled individuals. Also, the federal Department of Labor […]
Most employers know they need to consider a disabled worker’s request for reasonable accommodations, which could include reassignment to another job. But does an employee’s demand for a particular accommodation trump your seniority rules? Not in most cases, according to a new U.S. Supreme Court decision that brings needed clarity to this question. But the […]
Jacalyn Thornton, a part-time reporter for the Fresno Bee newspaper, spent about one-third of her time working at a computer keyboard. After she developed a repetitive stress disorder and became unable to use a keyboard, the paper terminated her. She sued, contending that her discharge violated the Americans with Disabilities Act. The Ninth Circuit Court […]
We earlier reported on a ruling by a California Court of Appeal in Los Angeles that a new law broadening California’s disability bias statutes, effective Jan. 1, 2001, was a major change that could not be applied retroactively. Now a different appeals court in Los Angeles has come to the opposite conclusion, holding that the […]
Managing employees with mental disabilities can be challenging—especially when the workers pose a threat to others’ safety. If you take preemptive action, you can get sued under the Americans with Disabilities Act, but if you don’t, you risk the tragic consequences of a violent incident. Two recent cases provide guidance on how to handle potentially […]