News & Analysis as of

Americans with Disabilities Act (ADA) Disabilities

Stotler Hayes Group, LLC

Holding State Medicaid Agencies Accountable: A Federal Court Issues Ruling on Deficiencies and Discrimination in TennCare

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“Poor, disabled, and otherwise disadvantaged Tennesseans should not require luck, perseverance, or zealous lawyering to receive healthcare benefits they are entitled to under the law.” - Waverly D. Crenshaw, Jr., United...more

DirectEmployers Association

DE Talk | Using Employment Networks to Connect with Individuals with Disabilities in an Ever-Changing Workforce

With an unemployment rate nearly twice that of the national average, individuals with disabilities continue to face barriers to employment that prevent them from sharing their unique skills and talents with the workforce. In...more

Littler

Littler Lightbulb: September Appellate Roundup

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This Littler Lightbulb highlights some of the more significant employment law developments in federal courts of appeal in the last month. Fourth Circuit Rejects ADA Claim of Employee Who Tested Positive for Illegal Drugs...more

DirectEmployers Association

[Webinar] Crafting a Career Site Experience Accessible to All - July 16th, 2:00 pm ET

For individuals with disabilities, navigating the internet as a job seeker often leads to unforeseen obstacles, such as improper video captioning and color contrast, ultimately leading to a poor candidate experience. One way...more

Mandelbaum Barrett PC

Strategic ADA Compliance: Safeguarding Your Business Against Litigation

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Impact of the ADA on Business and Society - The Americans with Disabilities Act (ADA) has greatly expanded opportunities for disabled individuals, demanding significant adjustments from businesses to accommodate both physical...more

Bradley Arant Boult Cummings LLP

No Dog Days This Summer: In Howard v. City of Sedalia, the Eighth Circuit Clarifies the Scope of Reasonable Accommodations Again

What accommodations are reasonable under the ADA? Employers are required to provide modifications or adjustments that enable a job applicant to be considered for a position. Beyond the application process, employers must also...more

DirectEmployers Association

[Webinar] Masterclass Employment Law Roundtable | Thinking Holistically to Make Job Descriptions More Gender-Neutral and...

Candee Chambers, Executive Director of DirectEmployers Association, will lead this 60-minute, conversation-driven DE Masterclass Roundtable discussing how to broaden your thinking when it comes to job descriptions in order to...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Justice Department Proposes ADA Regulations Impacting Healthcare Industry

On January 12, 2024, the U.S. Department of Justice (DOJ) published a notice of proposed rulemaking (NPRM) under Title II of the Americans with Disabilities Act (ADA) that would require accessible medical diagnostic equipment...more

McDermott Will & Emery

New Proposed Rules Aim to Enhance Healthcare Accessibility for People With Disabilities

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The US Department of Health and Human Services (HHS) and the US Department of Justice (DOJ) recently published new proposed rules that update and create various requirements under Section 504 of the Rehabilitation Act of 1973...more

Marshall Dennehey

State Officials’ ADA Liability Under the 11th Amendment

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In the recent case, Durham v. Kelley, 82 F.4th 217 (3d Cir. 2023), an inmate at the New Jersey State Prison who had been diagnosed with lumbar stenosis brought a pro se action, alleging violations of the Americans with...more

Seyfarth Shaw LLP

Senate Confirms New EEOC General Counsel As New Case Filings Climb

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Seyfarth Synopsis: The Senate has confirmed Karla Gilbride as the EEOC’s General Counsel, following an almost two and a half year vacancy. As GC, Gilbride is poised to make her mark on the EEOC’s litigation program by...more

Bradley Arant Boult Cummings LLP

Happy Anniversary! New Guide for the Rehabilitation Act

Last week, on the 50th anniversary of the Rehabilitation Act — which prohibits disability discrimination by federal contractors and other programs receiving federal funds — the EEOC and Department of Labor issued a resource...more

Sheppard Mullin Richter & Hampton LLP

EEOC Releases Updated Guidance on Visual Disabilities in the Workplace

On July 26, 2023, the U.S. Equal Employment Opportunity Commission (“EEOC”) issued updated guidance, Visual Disabilities in the Workplace and the Americans with Disabilities Act, addressing how the Americans with Disabilities...more

Seyfarth Shaw LLP

Amusement Parks Can’t Invoke Arbitrary Manufacturer Safety Requirements To Restrict Riders With Disabilities, Eleventh Circuit...

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Seyfarth Synopsis:   New Eleventh Circuit decision says amusement park operators must base rider eligibility requirements on actual risks and cannot simply adopt manufacturer recommendations, even when required by state law....more

Adams and Reese LLP

[Webinar] Accommodations Compliance Tactics for the Challenging Cases - June 28th, 12:00 pm - 1:00 pm CT

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Please join us for a one hour CLE on challenging issues that can confront employers when the desire to discipline employee absences or other work conduct intersects with legal requirements to provide job protected leave or...more

Butler Snow LLP

Fifth Circuit:  Absent Special Circumstances, ADA Does Not Require Employers to Reassign Disabled Employees in Violation of...

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The ADA requires employers to make “reasonable accommodations” to its disabled employees including “reassignment to vacant positions.” More than twenty years ago, however, the Supreme Court held that if another employee “is...more

DirectEmployers Association

OFCCP Week in Review, Special Edition | DEAMcon23 Day Three Recap

This is Part 3 of a 3-Part series reporting on the 50 speakers delivering 27 different educational presentations at the DirectEmployers (DE) 3-day Annual Meeting (DEAMcon23) of DE Members, Recruit Rooster customers, and...more

Shutts & Bowen LLP

EEOC Issues Update on Hearing Disabilities in the Workplace and the ADA

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In January 2023, the U.S. Equal Employment Opportunity Commission (“EEOC”) released an updated resource document, “Hearing Disabilities in the Workplace and the Americans with Disabilities Act” (the “Update”), which explains...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

EEOC Releases Comprehensive Guidance Regarding Job Applicants and Employees With Hearing Disabilities

On January 23, 2023, the U.S. Equal Employment Opportunity Commission (EEOC) released a technical assistance document aimed at providing guidance on how the Americans with Disabilities Act (ADA) applies to job applicants and...more

Miller & Martin PLLC

EEOC Issues New Mandatory Workplace Discrimination “Know Your Rights” Poster

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The Equal Employment Opportunity Commission (EEOC) has issued a new mandatory “Know Your Rights: Workplace Discrimination is Illegal” poster....more

Kaufman & Canoles

Employment Law Update – Fall 2022

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CDC EASES COVID GUIDELINES - On August 11th, the Centers for Disease Control issued new Guidance for handling exposure to, and cases of, COVID-19. Of particular interest in the workplace, the CDC no longer recommends that...more

Foley & Lardner LLP

It’s Time To Review Your Online Patient-User Interface: DOJ Issues New Federal Guidance on Telemedicine and Civil Rights...

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As online digital health services continue to enjoy broader use and appeal, federal regulators are concerned some telemedicine online patient-user interfaces fail to accommodate persons with disabilities and limited English...more

DirectEmployers Association

OFCCP Week In Review: September 2022

The DE OFCCP Week in Review (WIR) is a simple, fast and direct summary of relevant happenings in the OFCCP regulatory environment, authored by experts John C. Fox, Candee Chambers and Cynthia L. Hackerott. In today’s edition,...more

Clark Hill PLC

Fourth Circuit Holds That Gender Dysphoria May Be a Protected Disability Under the ADA

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In a case of first impression arising under the ADA’s public/government services provisions (Title II), the Fourth Circuit Court of Appeals in Williams v. Kincaid has ruled that gender dysphoria is a disability protected by...more

Haynsworth Sinkler Boyd, P.A.

AI Used in Hiring May Discriminate Against Applicants with Disabilities; EEOC and DOJ Issue Guidance for Employers

Many employers use Artificial Intelligence (AI) to reduce bias in hiring, yet studies indicate some AI is discriminating on the basis of disability. The Department of Justice (DOJ) and the Equal Employment Opportunity...more

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