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Misunderstandings over an office birthday party recently taught a Kentucky employer an expensive lesson about disability discrimination. A jury awarded $450,000 to the affected employee who didn’t want the party and allegedly suffered a panic attack afterward. The employer’s alleged, repeated mishandling of the worker’s behavior after the episode offers the best explanation for the […]
The Americans with Disabilities Act (ADA) and the ADA Amendments Act of 2008 (ADAAA) prohibit an employer from discriminating against an individual who is (1) disabled within the statutes’ meaning and (2) qualified to perform the essential job functions with or without a reasonable accommodation. Once an employee discloses the need for a reasonable accommodation, […]
Employers using artificial intelligence (AI) to evaluate job applicants and employees may run afoul of laws prohibiting discrimination against people with disabilities, the U.S. Department of Justice (DOJ) and the Equal Employment Opportunity Commission (EEOC) recently warned. If your business is relying on that increasingly common technology, be sure it isn’t having a disparate impact […]
For several years, businesses have been hammered with website accessibility lawsuits that argued all places of public accommodation, including online retailers and hospitality businesses, must have websites users with visual or other impairments can access. The lawsuits arise from Title III of the Americans with Disabilities Act, which generally provides that places of public accommodation […]
Employees who exhibit what appear to be mental or emotional issues while in the workplace or performing their job duties present some of the most difficult situations for employers. They may have a disability you may be required to accommodate under the Americans with Disabilities Act (ADA). They also may, at times at least, be […]
When an employer is sued for discrimination and decides to settle the case, the details are confidential. When the Equal Employment Opportunity Commission (EEOC) sues an employer, however, the settlement is very public and includes a press release giving details about the resolution. Recently, the EEOC announced a settlement with a Winston-Salem company in a […]
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.
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 […]
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 […]
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 […]