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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 […]
When an employer fails to participate in the interactive process of finding a workplace accommodation for an employee with a disability, that misstep can be used as evidence of discrimination. Such a failure is not, however, an ADA violation when it stands alone, the 7th Circuit ruled in Basden v. Professional Transportation, Inc., No. 11-2880 […]
The agency responsible for enforcing the Americans with Disabilities has revised several of its guidance documents to reflect recent changes to the law. The May 15 changes were necessary because of the ADA Amendments Act, which expanded the law’s coverage in 2009, the U.S said in a press release. The documents explain how ADA applies […]