How Far Can You Go With Medical Inquiry of a Prospective Employee?
Posted on March 30, 2016READ MORE
What if an employee with bipolar disorder is aggressive and disruptive? Does the ADA prevent an employer from firing that employee?
Posted on March 20, 2015
Posted in Americans with Disabilities Act (ADA)Potentially not, depending on the circumstances, according to a recent case from Eighth Circuit Court of Appeals. Walz v. Ameriprise Financial, Inc., Case No. 14-2495 (March 9, 2015). In this case, the plaintiff Marissa Walz worked for Ameriprise in a job which required good people and communication skills, along with the ability to work well […] READ MORE
Watch Out for Age-based Commentary
Posted on February 20, 2015
Posted in Age Discrimination in Employment Act (ADEA), Americans with Disabilities Act (ADA), Discrimination LawIs calling an employee “old man” discriminatory? It could be–just yesterday, the EEOC announced that Wal-Mart has agreed to pay $150,000 and provide other relief to a resolve an age and disability lawsuit filed by the EEOC on behalf of an employee. The EEOC charged that Wal-Mart discriminated against the employee by subjecting him to […] READ MORE
What if an employee quits before hearing us out on our response to her reasonable accommodation request? Is my company liable?
Posted on January 30, 2015
Posted in Americans with Disabilities Act (ADA)No—according to a recent decision of the First Circuit Court of Appeals. EEOC v. Kohl’s Department Store, Inc., No. 14-1268 (1st Cir. Dec. 19, 2014). If an employee quits when she gets a negative response to her request for accommodation and fails to actually participate in the interactive process, the employer does not face liability. […] READ MORE
No USERRA Claim Where Vet Terminated Based on Threats Made Against Co-workers
Posted on September 26, 2014
Posted in OtherIn a recent decision, a judge in the Eastern District of Virginia dismissed the claims asserted by a United States Army veteran with PTSD that his employer had terminated him in violation of both the Uniformed Services Employment and Reemplyoment Rights Act (“USERRA”) and the Americans with Disabilities Act (“ADA”). Williamson v. Bon Secours Richmond […] READ MORE
New Guidance from EEOC on Pregnancy Discrimination
Posted on July 18, 2014READ MORE
A Sufficiently Severe Temporary Impairment May Constitute a Disability
Posted on January 31, 2014
Posted in ADAAA (Americans with Disabilities Amendments Act), Americans with Disabilities Act (ADA), Discrimination LawThere is no question that the ADA Amendments Act of 2008 (“ADAAA”) broadened the meaning of “disability and provide employees even greater protection under the ADA. However, there remain some areas of uncertainty with regard to this new, broader definition. One such question was how the permanence of an impairment (or lack thereof) would affect […] READ MORE