Tag: disability

Gender Dysphoria May Be an ADA Disability

The rights of transgender persons have become a hot button issue not only in schools and sports but in the workplace as well. Recently, the U.S. 4th Circuit Court of Appeals (whose rulings apply to employers in Virginia, Maryland, North Carolina, South Carolina, and West Virginia) weighed in on whether a transgender woman, who suffered […]

Restaurant and Service Dog: ADA Cautionary Tale for Employers

A restaurant in Burlington, Vermont, recently made headlines after refusing to seat a customer with a service dog. The restaurant owner cited an incident in which a previous patron’s dog attacked a neighboring table. In addition, she refused to seat the customer because of her unfamiliarity with their dog and a history of other customers […]

Court Restores Accommodation Claim for Employee with Pending Leave Request

Once an employee requests an accommodation, their employer has a duty to engage in an “interactive process” to try to determine whether they can accommodate the disability. With that in mind, employers should take note of this recent decision from the U.S. 6th Circuit Court of Appeals (which covers Tennessee, Ohio, Kentucky, and Michigan). The […]

Unwelcome Office Birthday Party Leads to $450K Verdict, Lessons on Disability Law

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 […]

Ask the Expert: Is a Summer Intern Eligible for Benefits?

In our latest installment of Ask the Expert, brought to you by the team of industry experts at HR Hero®, we look at a recent question from a subscriber regarding benefits eligibility and requirements for temporary, full-time employees who are working as part of an internship program. Let’s see what our team of experts have to […]

Is COVID-19 a Disability Under the ADA? It Depends

The Equal Employment Opportunity Commission (EEOC) recently released guidance regarding whether COVID-19 is a disability under the Americans with Disabilities Act (ADA). Under the ADA, an employer cannot take an adverse employment action against an individual because of a disability, which is a physical or mental impairment that substantially limits a major life activity. The […]

Disability as the Invisible Element of Diversity

When people talk about diversity and inclusion, they often think mainly about race and gender. These two aspects are perhaps the most prominent dimensions of diversity, but they’re far from the only ones. Disability, whether physical or mental, is also an important spectrum of diversity. Unfortunately for both employees and employers, people with disabilities often […]

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.