ADA

by jbarrett

February 6, 2019

ADA violation: Employee fired for getting sick

Here’s a word of advice of what not to do: If you suspect an employee has cancer, think twice before you let them go. That could only bring you misery in the form of an ADA violation and lawsuit, like this one. A title clerk worked for car dealers Victory Automotive Group Inc. and Cappo […]

January 28, 2022

ADA violation? Company didn’t accommodate all of disabled employee’s wishes

March 4, 2022

Appeals court backs termination of sleepwalking worker

A federal appeals court has upheld a decision to reject disability bias claims filed by a sleepwalking worker who mistakenly climbed into a co-worker’s hotel room bed during an out-of-town trip. Jennifer Harkey began working for NextGen Healthcare in 2008 in a position called “implementation specialist.” Things went well for a decade, and she was […]

by Tom D'Agostino

August 11, 2022

Be careful asking about this: Employer pays $100K

When it comes to medical exams and inquiries, the Americans with Disabilities Act (ADA) lays out some pretty specific rules. The rules are different for applicants than they are for current employees. And even among applicants, the rules aren’t the same. ADA-covered employers who proceed without knowledge of these rules are flying blind – and […]

by Tom D'Agostino

February 1, 2022

do you know the rules on medical exams and inquiries

Boss wants med records; fired worker claims ADA bias

March 19, 2022

Company owes $50K for denying extra bathroom breaks

October 11, 2021

Company refused to accommodate worker

by Tim Besecker

May 23, 2021

Court ruled employer could stop employee from bringing emotional support dog to work

Does it violate the ADA if an employer denies an employee’s request to bring a support animal to the office? A recent court case addressed that very question. Anxiety attacks Nicholas Conlan worked as a marketer for Costco in Montana. He traveled often for his job, and requested to bring his dog with him. Conlan […]

August 25, 2021

Demanding worker wants all this reasonable accommodation: Court says …

A federal appeals court upheld a federal district court’s decision to reject a university employee’s claim that her employer did not meet its reasonable accommodation duty under the Americans with Disabilities Act (ADA). In 2012, Jessica Ehlers began working at the University of Minnesota’s Boynton Health Service. Two years later, she was diagnosed as having […]

by Tom D'Agostino

June 21, 2022

Disability discrimination case: Policy mistakes seal $300K jury verdict

The Eleventh Circuit upheld a $300,000 award for a fired employee after a jury determined her termination amounted to disability discrimination in violation of the ADA. Due to injuries sustained in a car accident, Ashley Merard had a tracheostomy tube that was visible on the front of her neck. In July of 2017, she was […]

by Carol Warner

August 10, 2022

Court Upholds VerdictIn Disability Discrimination Case

DOJ guidance on opioid use disorder and ADA

The amount of people struggling with opioid addictions continues to grow in the U.S. at an alarming rate. And the Department of Justice (DOJ) is ready to do battle with its comprehensive action plan that includes enforcing the Americans with Disabilities Act (ADA). The ADA prohibits discrimination against people in recovery from opioid use disorder […]

April 6, 2022

EEOC clarifies when COVID-19 is a disability

Throughout the pandemic, there’s been uncertainty over whether COVID-19 is considered a disability under the ADA. Luckily, the EEOC recently issued guidance on this matter. Not every person with COVID-19 will be considered disabled, however, in some circumstances, the virus can meet the ADA’s three-part definition of a disability. ADA definition In order for someone […]

December 22, 2021

Employees With Long COVID Protected Under ADA

EEOC updated Q&A on COVID-19 and ADA: Part 2

Last week we told you about some of the updates the U.S. Equal Employment Opportunity Commission (EEOC) made to its Technical Assistance Questions and Answers on COVID-19 testing and vaccine in the workplace on July 12. We promised you a part two, and here it is. Return to the workplace G.2. How should employers respond […]

July 18, 2022

EEOC’s suing Hobby Lobby for ADA discrimination

Hobby Lobby is in hot water! The world’s largest privately owned arts-and-crafts retailer is being sued by the Equal Employment Opportunity Commission (EEOC) for violating the Americans with Disabilities Act (ADA). A cashier at Hobby Lobby’s Olathe, KS, store has post-traumatic stress disorder (PTSD), depression and anxiety. When she started working part-time at Hobby Lobby […]