News & Analysis as of

Americans with Disabilities Act (ADA) Reasonable Accommodation ADAAA

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

Fourth Circuit Issues Opinion Regarding Hemp-Derived (Delta-9) Products in Case Involving ADA Claims

On September 4, 2024, the Fourth Circuit Court of Appeals, in Anderson v. Diamondback Investment Group, LLC, ruled on whether a former employee’s use of lawful hemp-derived products containing delta-9-tetrahydrocannabinol...more

Houston Harbaugh, P.C.

New Year’s Review of Legal Changes in Employment Accommodation: Pregnancy Accommodation

Houston Harbaugh, P.C. on

This is a follow-up article on changes in employer accommodation law. Last week’s article addressed the increased level of accommodation required for employees’ religious beliefs – New Year’s Review of Legal Changes in...more

Jackson Lewis P.C.

What Manufacturers Should Know About the ADA’s Exception for ‘Transitory and Minor’ Impairments

Jackson Lewis P.C. on

Under the Americans With Disabilities Act Amendments Act (ADAAA), employers have a viable defense to an Americans With Disabilities Act (ADA) “regarded as” claim if the impairment in question was “transitory and minor,”...more

Moore & Van Allen PLLC

Artificial Intelligence Tools in Employment: The EEOC is Watching Too

Moore & Van Allen PLLC on

The U.S. Equal Employment Opportunity Commission (“EEOC”) is tasked with administrative enforcement of a variety of employment discrimination laws, including the Americans with Disabilities Act as amended (the “ADAAA”). The...more

Miller Nash LLP

Ninth Circuit Holds Temporary Conditions Can Trigger ADA Protections

Miller Nash LLP on

Just this month, the Ninth Circuit Court of Appeals held that even temporary health conditions without long-term effects may qualify as disabilities protected by the federal Americans with Disabilities Act (ADA). While this...more

U.S. Equal Employment Opportunity Commission...

EEOC Sues North Memorial Health for Disability Discrimination Against Deaf Applicant

Health Care Provider Failed to Hire and Provide Reasonable Accommodation to Qualified Applicant for Greeter Position, Federal Agency Claims - MINNEAPOLIS – North Memorial Health violated civil rights law when it failed to...more

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

Will COVID-19 ‘Long-Haulers’ Be Next to Test the Limits of the ADA?

As the pandemic continues, a segment of individuals who contracted COVID-19 reports that they have not experienced a quick recovery. Rather, they are continuing to suffer symptoms months after initial onset of the disease....more

Dentons

HR Quick Takes: Accommodations for Drug Testing

Dentons on

Q: We have an Iowa Code 730.5 compliant drug testing program. However, we have an applicant who, due to a health condition, cannot provide a urine sample for drug testing. Can we just disqualify him?  ...more

Snell & Wilmer

EEOC Weighs In On The Coronavirus

Snell & Wilmer on

Recently, the U.S. Equal Employment Opportunity Commission (“EEOC”) weighed in and provided guidance on the Coronavirus for employers... ...In sum, the EEOC emphasizes that employers should still be cognizant of their...more

U.S. Equal Employment Opportunity Commission...

Rancho San Miguel Markets Settles EEOC Disability Lawsuit For $100,000

Supermarket Fired Deli Clerk Because of Her Disability, Federal Agency Charged - FRESNO, Calif. - Local grocery outlet PAQ, Inc., doing business as Rancho San Miguel Markets, has agreed to pay $100,000 to settle a...more

Jackson Lewis P.C.

Plaintiff With PTSD Not Disabled Under The ADA, Sixth Circuit Rules

Jackson Lewis P.C. on

The Sixth Circuit’s ruling in Tinsley v. Caterpillar Fin. Servs., Corp., No. 18-5303 (6th Cir. Mar. 20, 2019) is a good reminder that not all impairments rise to the level of a “disability” within the meaning of the Americans...more

Foley & Lardner LLP

Bashful Bladders Bring Problems for Employers

Foley & Lardner LLP on

The ever-evolving legal landscape surrounding marijuana legalization has in recent years continued to cloud the waters with respect to workplace drug testing programs. However, beyond the complex issue of whether employers...more

U.S. Equal Employment Opportunity Commission...

CRST to Pay $47,500 to Settle EEOC Disability Discrimination and Retaliation Lawsuit

Federal Agency Charged That Trucking Giant Refused to Hire Veteran Because He Uses a Service Dog - CEDAR RAPIDS, Iowa - CRST Expedited, Inc./CRST International, Inc. will pay $47,500 and furnish other relief to settle a...more

Bowditch & Dewey

Client Alert - Bush 1 and a Domestic Legacy: The Americans with Disabilities Act

Bowditch & Dewey on

The recent passing of George H. W. Bush is a fitting moment to reflect upon one of his most enduring legacies in the sphere of domestic policy: the Americans with Disabilities Act, which he signed into law on July 26, 1990....more

Seyfarth Shaw LLP

Ninth Circuit Expands “Regarded-As” Disabled Standard

Seyfarth Shaw LLP on

Seyfarth Synopsis: For the first time since the enactment in 2008 of the ADA Amendments Act (ADAAA), which broadened the definition of a disability under the Americans with Disabilities Act (ADA), the Ninth Circuit addressed,...more

Parker Poe Adams & Bernstein LLP

Medical Evidence Not Necessary to Prove ADA Disability

Under the Americans with Disabilities Act, plaintiffs have the burden of demonstrating they have a disability that results in a significant impairment of a major life activity. Since adoption of the ADA Amendments Act (ADAAA)...more

Parker Poe Adams & Bernstein LLP

Expansive Disability Definition Applies to 'Regarded as' Disabled Claims

Ten years ago, Congress passed the ADA Amendments Act (ADAAA). The law was intended to address what legislators believed was courts’ overly strict reading of the definition of disability under the Americans with Disabilities...more

Jackson Lewis P.C.

“Regarded As” Disability Claim Does Not Require Proof Of An Employer’s Subjective Belief

Jackson Lewis P.C. on

Under the ADA Amendments Act of 2008 (“ADAAA”), an individual meets the requirement of being “regarded as” having a disability, and thus is protected from discrimination, where his or her employer believes that he or she is...more

Ruder Ware

Seventh Circuit Court of Appeals – Super Human Resource Department?

Ruder Ware on

The Seventh Circuit Court of Appeals (which addresses federal court cases brought in Wisconsin) has stated in the past that it does not intend to be a “super human resource department” for employers. Recent court decisions...more

Jackson Lewis P.C.

The “D” in the ADA Still Exists, Court of Appeals Reminds Us

Jackson Lewis P.C. on

In 2009, Congress passed the Americans With Disabilities Amendments Act (ADAAA), unquestionably expanding the definition of a disability under the ADA and, for all practical purposes in most cases, shifting the focus of...more

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

Is Obesity a Disability Under the ADA Not Without Physical Impairment Eighth Circuit Rules

Obesity does not meet the definition of a “disability” under the Americans with Disabilities Act (ADA) for either the discrimination or “regarded as” provisions of the statute, a panel of the Eighth Circuit Court of Appeals...more

Baker Donelson

Courts Cut the Fat, Clarify When Obesity is a Disability Under the ADA

Baker Donelson on

The ADA prohibits discrimination based upon actual or perceived medical disabilities and requires employers to accommodate employees with disabilities subject to certain exceptions. The ADA Amendments Act of 2008 effectively...more

Constangy, Brooks, Smith & Prophete, LLP

Double Whammy For Employer Who Won’t Accommodate Pregnancy — But Will The EEOC’s Case Survive?

The Equal Employment Opportunity Commission filed suit last week in a federal court in Pennsylvania against Landis Communities (retirement communities), claiming that Landis unlawfully refused to accommodate the pregnancy and...more

Foley & Lardner LLP

25 Years of the ADA: Five Tips for ADA Compliance

Foley & Lardner LLP on

Last week – July 26, 2015, to be precise – marked the 25th anniversary of the passage of the Americans with Disabilities Act. The anniversary kicked off celebrations of, according to the U.S. Department of Justice, the...more

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

Is Everyone Disabled? Temporary Disabilities and the Ever-Expanding Definition of “Disability"

Following the amendments to the Americans with Disabilities Act (ADA)—the ADA Amendments Act of 2008 (ADAAA)—employers were told to refrain from asking employees whether they were disabled. The employer community took this...more

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