Tag: Disability Discrimination

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.

Reasonable Accommodation Not Always Employee’s Preferred Choice

A recent employer-friendly decision from the U.S. 5th Circuit Court of Appeals (which covers Louisiana, Texas, and Mississippi) is a reminder to take disability accommodation requests seriously. Also, remember an accommodation can be reasonable even if it’s not the employee’s preferred choice. Facts In May 2016, Willis Towers Watson (WTW) hired Christian Jennings to work […]

One Strike and You’re ‘Out’

Citing the employer’s zero-tolerance “no-call, no-show” policy, an Ohio federal district court recently upheld the termination of an employee who had just returned from a leave of absence under the Family and Medical Leave Act (FMLA). Facts University Manor staffs and runs a nursing facility in Cleveland, Ohio. It provides respite, short-term, long-term, and hospice […]

discrimination

Potential ADA Accommodations Abound, But a Few Declared ‘Unreasonable’

There’s no exhaustive list of potentially reasonable accommodations for employees with disabilities. Whether an accommodation is reasonable will depend on the unique circumstances of each instance, including the individual’s limitations and essential job functions. Some accommodations, however, have been declared “unreasonable.” 3 Unreasonable ADA Accommodations 1. It isn’t reasonable to eliminate job’s essential functions. An […]

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 […]

EEOC

Flurry of Disability Discrimination Claims Warrants Attention

The Equal Employment Opportunity Commission (EEOC) recently announced that a Hawaii employer agreed to pay $90,000 to settle a disability discrimination charge. That was just one of 19 settlements and lawsuits involving disability discrimination claims publicized by the EEOC since August 1, 2018. The flurry of EEOC activity and the high volume of disability discrimination […]

ADA

EEOC, Employees Continue to See Success in Disability Cases

The Equal Employment Opportunity Commission (EEOC) has quietly maintained its focus on disability discrimination. Since July 1, 2018, the agency has filed 19 lawsuits alleging various violations of the Americans with Disabilities Act (ADA) and has collected more than $6 million in settlements.

Growing Importance Placed on Recruiting, Training, and Retaining Employees with Disabilities

Recruiting Daily Advisor has explained the importance of hiring workers with disabilities on multiple occasions (here, here, and here) and how this diverse group of workers can provide many benefits to your company. According to a new survey, there is even more importance being placed on hiring workers with disabilities. Let’s take a look.