In a decision that may rattle employers nationwide, a federal appeals court recently revived an Army veteran’s ADA suit against her employer for delaying her request to bring a service dog to work, despite eventually granting...more
A school district in Texas recently prevailed in a failure-to-hire lawsuit when the court ruled that a legally blind applicant for a teaching position could not demonstrate that she’d have been able to manage student...more
10/22/2024
/ Americans with Disabilities Act (ADA) ,
Disability Discrimination ,
Employer Liability Issues ,
Employment Litigation ,
Essential Functions ,
Hiring & Firing ,
Interactive Process ,
Job Applicants ,
Reasonable Accommodation ,
School Districts ,
Teachers
If you work in the DEI space, then you’re likely familiar with recent efforts to add “accessibility” to diversity, equity, and inclusion programs. Even if the term “DEIA” is new to you, your organization may be looking for...more
For the first time, a federal appeals court has joined a growing number of district courts and ruled that those with gender dysphoria – a medical condition where an “incongruence between their gender identity and assigned...more
Employers that continue to test workers for COVID-19 should review their policies to ensure they comply with updated guidelines released Tuesday by the Equal Employment Opportunity Commission (EEOC). In prior guidance, the...more
Employers can benefit from using software programs to streamline their hiring process, but federal agencies just sent a stern warning that relying on algorithms and artificial intelligence (AI) to make staffing decisions...more
5/17/2022
/ Americans with Disabilities Act (ADA) ,
Artificial Intelligence ,
Bias ,
Corporate Counsel ,
Department of Justice (DOJ) ,
Employer Liability Issues ,
Employment Discrimination ,
Equal Employment Opportunity Commission (EEOC) ,
Hiring & Firing ,
Human Resources Professionals ,
Job Applicants ,
Reasonable Accommodation
The seemingly never-ending pandemic has affected all aspects of the workplace, with employee mental health and well-being becoming one of the top employee-related issues you need to deal with on a daily basis. The EEOC...more
5/3/2022
/ Americans with Disabilities Act (ADA) ,
Disability Discrimination ,
Employee Assistance Programs ,
Employee Training ,
Employer Liability Issues ,
Interactive Process ,
Mental Health ,
Reasonable Accommodation ,
Remote Working ,
Wellness Programs ,
Work-Induced Stress
As we predicted would happen in our Insight in July, the Equal Employment Opportunity Commission just released guidance to clarify under what circumstances COVID-19 may be considered a disability under the ADA and the...more
The last five years have seen an increase of litigation surrounding Electromagnetic Hypersensitivity Syndrome (EHS), also called Wi-Fi Sensitivity, that should be on the radar screen for schools across the country. This is...more
9/8/2021
/ Americans with Disabilities Act (ADA) ,
Colleges ,
Disabilities ,
Educational Institutions ,
Failure to Accommodate ,
FEHA ,
Interactive Process ,
Reasonable Accommodation ,
School Districts ,
Students ,
Title III ,
Universities ,
Wifi
Schools are full of teachers and administrators who want to help children reach their potential. It’s not surprising, then, that the vast majority of educators want to give students the benefit of the doubt when there is a...more
As more businesses begin to reopen, businesses face many difficult questions about requiring employees and customers to wear protective face coverings? However, businesses should not forget that, despite the onset of COVID-19...more
6/1/2020
/ Americans with Disabilities Act (ADA) ,
Best Practices ,
Centers for Disease Control and Prevention (CDC) ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Equal Employment Opportunity Commission (EEOC) ,
Infectious Diseases ,
Public Accommodation ,
Reasonable Accommodation ,
State and Local Government ,
Workplace Safety
Just when private schools were becoming relatively knowledgeable about their obligation to allow a disabled student’s service animal on their premises, they started getting requests from employees to have their emotional...more
3/15/2019
/ Americans with Disabilities Act (ADA) ,
Colleges ,
Disability Discrimination ,
Employees ,
Policies and Procedures ,
Private Schools ,
Public Schools ,
Reasonable Accommodation ,
School Policies ,
Service Animals ,
Students ,
Universities
There has been a burst of recent Americans with Disabilities Act (ADA) decisions from around the country that can teach valuable lessons to employers. Last month, we looked at three cases examining the question of whether an...more
8/9/2018
/ Americans with Disabilities Act (ADA) ,
Appeals ,
Collective Bargaining Agreements (CBA) ,
Corporate Counsel ,
Disability Discrimination ,
Dismissals ,
Employer Liability Issues ,
Essential Functions ,
Job Descriptions ,
Job Duties ,
Over-Time ,
Reasonable Accommodation ,
Wage and Hour
Interpreting and applying the Americans with Disabilities Act (ADA) is often among the most challenging aspects of managing the workplace law and human resources functions at your workplace. There are numerous issues to...more
7/5/2018
/ Americans with Disabilities Act (ADA) ,
Disability ,
Employer Liability Issues ,
Employment Litigation ,
Hiring & Firing ,
Human Resources Professionals ,
Interactive Process ,
Medical Leave ,
Over-Time ,
Reasonable Accommodation ,
Wage and Hour
Of all the accommodations considered reasonable under the Americans with Disabilities Act (ADA), perhaps the most frustrating is when an employee requests additional time off after their 12 weeks of Family and Medical Leave...more
11/8/2017
/ Americans with Disabilities Act (ADA) ,
Appeals ,
Bright-Line Rule ,
De Facto Injury ,
Equal Employment Opportunity Commission (EEOC) ,
Family and Medical Leave Act (FMLA) ,
Leave of Absence ,
Medical Leave ,
Physicians ,
Reasonable Accommodation ,
Undue Hardship
In today’s technology-driven society, retailers are increasingly using the internet to provide information, goods, and services to the public. While having a website is almost a mandatory aspect of operating a retail...more
If your business is a place of public accommodation, you are probably already familiar with the rules from Title III of the Americans with Disabilities Act (ADA) that require you to make services and physical locations...more
According to the EEOC, healthcare employers are disproportionately represented in the ranks of those sued for violations of the Americans with Disabilities Act (ADA). Baptist Health South Florida, Inc. recently became one of...more