Tag: Disability Discrimination

Why Wait for the EEOC? Expert Clarifies ADAAA Requirements

Nearly two years after Congress passed the ADA Amendments Act (ADAAA), the Equal Employment Opportunity Commission (EEOC) announced recently that employers should not expect to see new regulations providing a more detailed explanation of the law’s requirements anytime soon. To understand the reasons for the delay and how it may affect employers, we spoke with […]

Making the case to keep human resources

Making the Case for Keeping HR

In today’s world of corporate belt-tightening and budget cutbacks, you might find yourself wondering whether the expense of an HR staff is actually justified by the benefits. After all, HR doesn’t create revenue for the company — it doesn’t operate the machinery that produces the widgets, and it doesn’t drive sales. In fact, the perception […]

Final ADAAA Regulations Expected Mid-2010

Update: New Final ADAAA Regs published by EEOC The Equal Employment Opportunity Commission (EEOC) has now begun reviewing the more than 600 comments that were received in response to its proposed ADA Amendments Act (ADAAA) regulations. According to the latest regulatory agenda, the EEOC anticipates the review will be complete — and final ADAAA regulations […]

He’s a Mother Lover

Litigation Value: de minimus damage award (after spending $50,000 to “successfully” defend the lawsuit) He rarely disappoints, and this week was no different. Michael Scott was in rare form in this week’s issue of The Office, “The Lover” (or should this episode have been titled “The Mother Lover” for all you SNL fans). Michael revealed […]

Will Gender, National Origin Make a Difference in Sotomayor’s Jurisprudence? – Part 2

by James M. Sconzo and James C. Goodfellow Last week, we disussed the overall makeup of the U.S. Supreme Court and the personal background of the High Court’s newest nominee, Sonia Sotomayor. We also looked at Judge Sotomayor’s decision in the discrimination case filed by New Haven, Connecticut, firefighters which was recently overturned by the […]

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 […]

More Workers Protected from Disability Discrimation under ADA Amendments Act

by Burton J. Fishman Fortney & Scott, LLC Last week, while everyone’s attention was focused on a potential meltdown of the U.S. economy and whether or not the first presidential debate would actually take place, a bunch more of your employees were given federal protection against disability discrimination. On September 25, 2008, President George Bush […]

Wal-Mart to Pay Rejected Applicant $300,000

by John Vering On April 17,2008 the Equal Employment Opportunity Commission (EEOC) announced that Wal-Mart Stores, Inc., had agreed to pay $300,000 to a Hardin, Missouri man to settle a disability discrimination lawsuit. In addition, Wal-Mart agreed to provide training on the Americans with Disabilities Act (ADA) to managers at its Richmond, Missouri store, notify […]

Can I Fire an Employee for Being Loud?

Q We run a fine-dining restaurant in which the ambient atmosphere is an integral part of our business. We host many business lunches and other professional-type meetings because of the quiet and relaxed environment. That environment has changed a little bit lately as the result of our new hostess, Kimberly. Kimberly is quite the talker. […]

Can I Fire an Employee for Being Loud?

Q We run a fine-dining restaurant in which the ambient atmosphere is an integral part of our business. We host many business lunches and other professional-type meetings because of the quiet and relaxed environment. That environment has changed a little bit lately as the result of our new hostess, Kimberly. Kimberly is quite the talker. […]