“Reassignment is the Reasonable Accommodation of Last Resort”
May 13, 2021
So my partners and I have repeatedly written that, under the Americans with Disabilities Act, employers – not employees – get to choose among available accommodations to enable an employee with a disability to perform their essential job functions or enjoy equal privileges and benefits of employment.
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Seventh Circuit Issues ADA Reassignment Guidance
November 25, 2019
The Seventh Circuit Court of Appeals recently clarified its position concerning reassignment as an accommodation under the Americans with Disabilities Act.
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I Am Anxious; Am I Covered Under ADA?
November 21, 2019
Anxiety is commonly discussed and self-identified in the work environment and elsewhere. An individual may suffer from anxiety for any number of reasons, some of which are not medical in nature.
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Settling the Workers’ Comp Claim, But Ignoring the ADA Charge
March 27, 2019
Due to the EEOC’s low threshold or what is necessary to qualify as a disability, often a workers’ compensation injury may in fact qualify as a disability as defined under the ADA.
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Pharmacist Afraid of Needles? Be a Stickler About Essential Job Functions!
March 13, 2019
According to Pharmajet Blog, a surprising number of pharmacists suffer from trypanophobia – the fear of giving injections, which most in their profession have to do these days during flu season.
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New Year, New…Changes to EEOC Wellness Rules
January 22, 2019
Millions of employees nationwide pledge to get fit at the start of each new year, and 2019 is no different.
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Visually Impaired Sue New York Wineries over Website Accessibility
November 28, 2018
More than a dozen wineries have been sued in federal court over allegations that their websites are not accessible to the visually impaired in violation of the Americans with Disabilities Act.
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Ninth Circuit Reminds Us of the Breadth of the “Regarded As ” Prong of the ADA
September 27, 2018
To bring a claim of disability discrimination under the ADA, a plaintiff must establish that he or she is entitled to coverage under the act because he or she is actually disabled, is regarded as disabled, or has a record of being disabled.
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No Fault Attendance Policy Violates ADA, Claims EEOC
August 28, 2018
The Equal Employment Opportunity Commission continues to focus on the implications of the Americans with Disabilities Act on employer "no fault" attendance policies.
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Website Accessibility Issues Under The Americans With Disabilities Act
August 27, 2018
Recently, companies across the country have received lawsuits or demand letters from plaintiffs alleging the company is violating Title III of the ADA or the state law equivalent because their websites are not fully accessible to individuals with visual or hearing disabilities.
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Conflicting Medical Opinions: Must Employee Return to Work?
July 30, 2018
Under the Americans with Disabilities Act, an employer desiring to break ties with an employee because of risks related to his disability must often show that the employee is a direct threat to harm himself, others, or company property.
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Another Misleading EEOC Press Release on the ADA…
July 25, 2018
Another recent EEOC press release has given me some concern, because I believe that it again misleads employers on their obligations under the ADA – this time with regard to associational discrimination.
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Tweets Follow

Jan 26

OSHA Withdraws Vax-or-Test ETS, Plans to Issue Permanent Healthcare Standard

Jan 25

New @shrm Court Report: Arbitration Agreement Forecloses Litigation of Discrimination Claims

Jan 24

The DOL (Finally!) Provides Guidance on Compensability of COVID Testing/Vaccination Time