ADA

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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Employers – Don’t Automatically Assume Prescription Meds Pose a Danger in the Workplace
July 13, 2022
It’s not surprising that some employers are concerned when employees take prescription medications that come with certain warnings – particularly when those employees are working with heavy machinery or sharp objects, or getting behind the wheel of a vehicle.
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Extraordinary Workplace Misconduct: Celebrating You is a Piece of Cake…
April 21, 2022
A Kentucky-based medical laboratory, Gravity Diagnostics, was found liable by a jury for disability discrimination when it fired an employee who suffered from an anxiety disorder that caused panic attacks.
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Maryland General Assembly Passes Paid Family and Medical Leave – What’s Next for Employers?
April 6, 2022
It provides for up to 12 weeks of paid leave for reasons that are mostly covered by the federal Family and Medical Act, and an additional 12 weeks if an employee requires both leave for their own serious health condition and to care for a child after birth/adoption/foster placement.
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“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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