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by Jane Pfeifle An employer made an incorrect assumption about a disabled applicant. When a court disagreed with the assumption, the employer paid the applicant more than $50,000. Lynn, Jackson, Shultz & Lebrun, P.C., the firm of article author Jane Wipf Pfeifle, was involved in this case. All facts are taken solely from the court’s […]
An employer was not required to provide a full-time assistant to a worker with disabilities as an ADA accommodation, the 11th U.S. Circuit Court of Appeals has reaffirmed in Williams v. Revco Discount Drug Centers, Inc., d.b.a. CVS Pharmacy, Inc., No. 13-11673 (11th Cir. Jan. 14, 2014). Weldon Williams, a CVS pharmacist, filed suit against […]
The U.S. Department of Labor has cited Houston Ear, Nose & Throat Clinic, LLP, for multiple violations of the Family and Medical Leave Act, and has ordered the clinic to pay $17,390 in back wages and other expenses. A DOL investigation found that when an eligible HENTC employee returned from FMLA leave, the company placed […]
If an employee with a disability is reassigned to a vacant position that better accommodates the disability, but this position does not pay as well as the one they started in, can the employee’s pay be reduced? Can having a high school diploma or GED be a job requirement? What happens if a disabled employee […]
A nurse’s inability to perform essential job functions, either with or without reasonable accommodations, prevented her disability discrimination claim from advancing to a jury trial and warranted summary judgment by the U.S. District Court for the District of Minnesota in Attiogbe-Tay v. SE Rolling Hills LLC, No. 12-1109 (D. Minn. Nov. 7, 2013). Comfort Attiogbe-Tay, […]
Retailer Toys “R” Us will pay $35,000 to settle allegations that it required a deaf applicant to provide her own interpreter for a job interview according to the U.S. Equal Employment Opportunity Commission. EEOC filed suit earlier this year on behalf of Shakirra Thomas, alleging multiple Americans with Disabilities Act violations. According to the commission, Thomas […]
The U.S. Supreme Court has asked the federal government to provide an opinion on whether the Pregnancy Discrimination Act requires employers to accommodate pregnant employees. The Court received a petition to hear Young v. United Parcel Service, Inc., a case from earlier this year in which the 4th U.S. Circuit Court of Appeals ruled that […]
Pregnant employees in New York City will soon be entitled to workplace accommodations, thanks to a bill the city’s council unanimously passed Sept. 24. While the Americans with Disabilities Act requires workplace accommodations for employees with disabilities, it does not consider normal pregnancy a disability. According to the bill, the change was necessary because of […]
The U.S. Department of Labor will finalize new Section 503 regulations Sept. 24, according to the Office of the Federal Register. The rules create several new responsibilities for federal contractors and subcontractors, including a mandate that they aim to have workers with disabilities make up 7 percent of their workforces. If the rules are published […]
“One of the key factors of the ADA is not only the non-discrimination component, but the requirement that an employer reasonably accommodate the individual with a disability – in this case, someone who has been diagnosed with cancer.” Jonathan R. Mook explained in a recent BLR webinar. The duty to accommodate is a very broad […]