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Under the new, broader definition of “disability” implemented by the Americans with Disabilities Act Amendments Act, employers must be more vigilant than ever in accommodating workers with a wide range of impairments. This includes depression-related conditions such as seasonal affective disorder, according to the Job Accommodation Network. Seasonal Affective Disorder as a Disability Seasonal affective […]
California lawmakers have begun instituting some workers’ compensation reform in the form of SB 863. This law has been widely hailed as a “new and improved” workers’ compensation reform package, and includes many changes to the way injured employees are compensated when they cannot return to work in their original role.
Outback Steakhouse will pay $65,000 to a server it fired because of his traumatic brain injury, according to the U.S. Equal Employment Opportunity Commission. The payment will settle a lawsuit EEOC filed on the server’s behalf. The commission alleged that John Woods was fired after a new manager took over an Outback restaurant in Phoenix. Woods worked […]
Employers must make accommodations to allow employees with disabilities to participate in their wellness programs, the U.S. Equal Employment Opportunity Commission said in a recently released informal discussion letter. The letter was written in response to an employer’s question about a special program for employees with diabetes. The employer wanted to waive its annual health […]
There is a growing legal precedent regarding when courts can evaluate an Americans with Disabilities Act claim under a new, broader disability definition: the adverse employment actions at issue must have occurred after the Jan. 1, 2009, effective date of the ADA Amendments Act. For an employee who allegedly was discriminated against in 2008, this […]
Often, employees who believe they were fired because of their disability will show that they were replaced by an individual without a disability as evidence of discrimination. In one recent case, however, a district court has allowed a case in which a deaf teaching assistant — who was replaced by another deaf individual — to […]
By Jennifer M. Shepherd and Hannah Roskey It’s well established that discrimination against an employee on the basis of a physical or mental disability is prohibited in Canada. Drug or alcohol addictions constitute a “disability” under most human rights legislation such that employers are prohibited from discriminating against employees on the basis of their addictions. […]
Previous workers’ compensation laws in California created a situation where the costs associated with providing medical treatment and benefits to injured workers and administering workers’ compensation claims had begun to rise significantly. If costs were permitted to continue to rise, employers would be faced with increases in their workers’ compensation insurance rates, which would add […]
Two employers entered into settlement agreements with the U.S. Equal Employment Opportunity Commission in February after the federal agency alleged the companies had violated the Americans with Disabilities Act. Both employers, the commission said, fired employees who were entitled to leave as accommodations for their disabilities. The first involved Doneen King, an employee with the […]
An employer may have to tolerate an employee’s constant tardiness if it is caused by a disability, the 2nd U.S. Circuit Court of Appeals indicated March 4 in McMillan v. City of New York, No. 11-3932 (March 4, 2013). The court remanded the case to the U.S. District Court for the Southern District of New […]