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On November 19, 2013, Associated Builders and Contractors (ABC), a national association for the construction industry, filed a request for an injunction in the U.S. District Court for the District of Columbia to stop the U.S. Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) final rule affecting federal government contractors, including construction contractors. […]
Associated Builders and Contractors has filed a lawsuit against the U.S. Department of Labor alleging that its new hiring regulations for federal contractors exceeds the department’s statutory authority. The regulations, which implement Section 503 of the Rehabilitation Act, require federal contractors and subcontractors to aim to have individuals with disabilities make up 7 percent of […]
A nurse’s inability to perform essential job functions, either with or without reasonable accommodations, prevented her disability discrimination claim from advancing to a jury trial and warranted summary judgment by the U.S. District Court for the District of Minnesota in Attiogbe-Tay v. SE Rolling Hills LLC, No. 12-1109 (D. Minn. Nov. 7, 2013). Comfort Attiogbe-Tay, […]
While the ADA Amendments Act made it easier for employees to show that they have a disability, it did not eliminate the requirement, the 5th U.S. Circuit Court of Appeals has ruled in Neely v. PSEG Texas, No. 12-51074 (5th Cir. Nov. 6, 2013). Facts of the Case Jeffrey Neely worked as a control-room operator […]
A university’s likening of a disabled professor to a baseball player with a career-ending injury did not persuade a judge to dismiss the professor’s disability discrimination allegations. On the contrary, it showed that the employer may have fired the professor because of his disability, a federal judge said in Matland v. Loyola University of Chicago, No. […]
Job descriptions are the glue that holds together organizational hierarchy and work processes. When they are well-written, job descriptions create tangible objectives and signify accountability. To keep their companies in compliance with federal and state employment laws, human resources professionals need to be certain that the essential functions of every job are clearly documented. When […]
Retailer Toys “R” Us will pay $35,000 to settle allegations that it required a deaf applicant to provide her own interpreter for a job interview according to the U.S. Equal Employment Opportunity Commission. EEOC filed suit earlier this year on behalf of Shakirra Thomas, alleging multiple Americans with Disabilities Act violations. According to the commission, Thomas […]
The U.S. Supreme Court has asked the federal government to provide an opinion on whether the Pregnancy Discrimination Act requires employers to accommodate pregnant employees. The Court received a petition to hear Young v. United Parcel Service, Inc., a case from earlier this year in which the 4th U.S. Circuit Court of Appeals ruled that […]
Wal-Mart is facing a class action lawsuit alleging that its refusal to hire pharmacists whose licenses have been suspended violates the Americans with Disabilities Act. Wal-Mart recently implemented a policy of firing and refusing to hire pharmacy employees who have any history of adverse action against their licenses by a state pharmacy board, the suit […]
Yesterday’s Advisor clarified the concept—and importance—of essential functions. Today’s questions will help you be sure functions are “essential,” plus we introduce BLR®’s unique 10-minutes-at-a-time training program.