Disability

Employers, Are You Regarding Those Socially Awkward Employees as Disabled?
September 30, 2022
Being “on the spectrum” is a pretty common way of referring to individuals with autism. Of course, there are varying degrees of severity of symptoms, and some people with social communication or interaction challenges do not actually have autism spectrum disorder.
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Wait – But the Disability Law Doesn’t Actually Say That!
September 15, 2022
Awhile back, I wrote a blog post about Washington, DC laws that were passed but not implemented. But we just ran into the opposite issue – apparently DC has implemented a law that doesn’t – technically – exist!
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Courts Continue Obesity Conflict
August 23, 2019
Adult obesity is over 30% in 29 states, 35% in 7 states, and 25% in 48 states. Legally, recent decisions illustrate the difficulty which courts have in determining whether obesity is a disability.
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U.S. Supreme Court Finds Charge Filing Requirement to be Procedural, Not Jurisdictional
June 3, 2019
The United States Supreme Court has ruled that the requirement to file a charge of discrimination before bringing a discrimination lawsuit is a procedural requirement that may be waived, as opposed to a jurisdictional one that would deprive a court of the ability to even hear the case.
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Employee Not Entitled to Further Worker's Compensation Benefits Because Her Disability-Causing Surgery was not Related to a Compensable Work Injury
October 15, 2018
On August 28, 2018, District I of the Wisconsin Court of Appeals held that the Plaintiff was not entitled to further worker’s compensation benefits because her disability-causing surgery was not related to a compensable work injury.
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Thanksgiving Leftovers Quiz: The ADA, Post-Offer Medical Exams, And Rescinding Job Offers
November 28, 2017
Thanksgiving 2017 has come and gone.  As we start a new week, many of us still have leftovers in the fridge that we need to eat before they get too old. The Bullard Edge has leftovers, too.
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Department of Labor Finalizes Claims and Appeals Regulations for Disability Benefits
June 21, 2017
The Department of Labor’s (DOL) Employee Benefits Security Administration has issued final regulations that change the claims and appeals procedures for disability benefits provided by ERISA plans.
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