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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 […]
by Kevin C. McCormick Maryland’s Reasonable Accommodations for Pregnant Workers Act goes into effect October 1, meaning Maryland employers with 15 or more employees must provide reasonable accommodations to employees who experience a disability because of a pregnancy. Basically, the new law requires employers to treat pregnancies in much the same way disabilities covered by […]
Employers, pay heed. A recent court outcome — and hefty monetary award for the employee — reiterate the fact that alcoholism is a disability protected under the Americans with Disabilities Act. Following a five-day trial a federal jury in Pennsylvania awarded more than $109,000 to a cook whose rights, it found, had been violated when […]
There are three key ways the Americans with Disabilities Act (ADA) differs from other discrimination statutes, says Attorney Joan Farrell: the layers of analysis required, the obligation to consider reasonable accommodation, and the added prohibition against association discrimination. Layers of Analysis The ADA requires a several step analysis, but it is not hard if you […]
Layers of Analysis The ADA requires a several step analysis, but it is not hard if you work it through step by step, says Farrell. Her remarks came at a recent meeting of the Human Resources Leadership Association in Mystic, Connecticut. Farrell, who is a legal editor at BLR®, was joined in her presentation by […]
The U.S. Postal Service will pay $4.5 million to settle claims that it failed to accommodate employees with hearing impairments. The court-approved agreement ends the decade-long class action dispute. The class action (Hubbard v. Donahoe, No. 03-1062 (RJL) (D.D.C. July 31, 2013)) stemmed from two related actions brought before the U.S. Equal Employment Opportunity Commission. […]
by Jonathan R. Mook The American Medical Association (AMA) has officially designated obesity as a disease. In doing so, it explained that obesity is a “multi-metabolic and hormonal disease state” that leads to unfavorable outcomes like type 2 diabetes and cardiovascular disease. The AMA’s action has focused renewed attention on the so-called obesity epidemic and […]
An employer will pay $88,500 to settle claims that it failed to provide the right accommodation to a worker with a disability, in violation of the Americans with Disabilities Act. The settlement resolves a lawsuit filed by the U.S. Equal Employment Opportunity Commission behalf of Jose Arteaga Rivas, a sheet metal mechanic who worked for […]
The U.S. Supreme Court again refused to decide whether the Americans with Disabilities Act requires employers to reassign employees with disabilities to vacant positions, without requiring them to compete with other candidates. The Court declined May 28 to hear EEOC v. United Airlines Inc., No. 10-cv-01699, 2012 WL 718503 (7th Cir. March 7, 2012). The circuit-court divide on […]