News & Analysis as of

Americans with Disabilities Act (ADA) Employee Rights Corporate Counsel

Constangy, Brooks, Smith & Prophete, LLP

“If we do it for you, we’ll have to do it for everybody”: 4 worst practices for employers

Accommodate, accommodate, accommodate! I started practicing law two years before Congress enacted the Americans with Disabilities Act (1990), and four years before it took effect (1992 for larger employers, 1994 for smaller...more

Stark & Stark

United States Supreme Court Ruling Significantly Narrows Title I of the Americans with Disabilities Act

Stark & Stark on

On June 20, 2025, the United States Supreme Court issued an important ruling in Stanley v. City of Sanford, Florida, which significantly narrows the scope of the protections under Title I of the Americans with Disabilities...more

Bradley Arant Boult Cummings LLP

Better Late Than Never? Not in the 5th Circuit: Delayed Action on Accommodation May Be ADA Violation

Earlier this month, in Strife v. Aldine Independent School District, the Fifth Circuit Court of Appeals held that an employer’s delayed accommodation of an employee’s disability could amount to a failure to accommodate under...more

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

When Emotional Support and Service Animals Fall Short: ADA Lessons From Fisher v. City of Lansing

On April 29, 2025, in Fisher v. City of Lansing, the U.S. District Court for the Western District of Michigan ruled that the City of Lansing did not fail to accommodate an employee’s request to bring an emotional support dog...more

Vedder Price

Seventh Circuit Allows Recovery of Back Pay in ADA Case Absent Proof of Disability

Vedder Price on

In a case of first impression, on April 1, 2025, the U.S. Court of Appeals for the Seventh Circuit issued an important decision in Nawara v. Cook County Municipality (Case Nos. 22-1393, 22-1430, 22-2395 & 22-2451), holding...more

Saul Ewing LLP

Non-Disabled Employees Can Recover for Unlawful Medical Examinations Under ADA, According to Seventh Circuit

Saul Ewing LLP on

Following a recent decision by the Seventh Circuit, employers who violate the Americans with Disabilities Act (ADA) by requiring medical examinations of an employee without a business necessity may now be liable for back pay...more

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

Complying With the ADA When Managing Employees With Alcoholism

Employers sometimes encounter intoxicated employees at work, but there are some compliance challenges under the Americans with Disabilities Act (ADA) when managing employees with alcoholism....more

Foley & Lardner LLP

Appeals Court Says Disability Not Required in Order to Recover Back Pay for Violation of ADA’s Medical Inquiry and Examination...

Foley & Lardner LLP on

Most employers are aware that, under the Americans with Disabilities Act (ADA), disability-related inquiries and medical examinations of employees may only be required when such inquiries and examinations are “job-related and...more

Proskauer - Law and the Workplace

Second Circuit Clarifies ADA Standard on Reasonable Accommodations

Employers in New York, Connecticut, and Vermont should take note of a recent Second Circuit decision holding that an employee may still be entitled to a reasonable accommodation under the Americans with Disabilities Act...more

Constangy, Brooks, Smith & Prophete, LLP

Accommodation may be required even if “essential functions” can be performed without

Interesting decision this week from a three-judge panel of the U.S. Court of Appeals for the Second Circuit. A high school math teacher (we’ll call her “Ms. Plantagenet”) had post-traumatic stress disorder. Years earlier, her...more

Poyner Spruill LLP

Tenth Circuit Decision Highlights Importance of Fitness For Duty Assessments Under ADA

Poyner Spruill LLP on

The Americans with Disabilities Act (ADA) places certain limitations on an employer’s ability to ask questions regarding an employee’s medical conditions. One important exception concerns “fitness for duty assessments.” Once...more

Parker Poe Adams & Bernstein LLP

Sixth Circuit Says PTSD Related to Miscarriage Can Serve as Protected ADA Disability

When reviewing an employee’s request for accommodations under the Americans with Disabilities Act, employers sometimes develop tunnel vision when deciding whether the claimed medical condition constitutes a protected ADA...more

FordHarrison

EEOC's Recent Enforcement of the Pregnant Workers Fairness Act: What Employers Need to Know

FordHarrison on

A recent Consent Decree between the Equal Employment Opportunity Commission (EEOC) and Lago Mar Properties stands as an important reminder that the Pregnant Workers Fairness Act (PWFA) is broad in scope and encompasses all...more

Seyfarth Shaw LLP

EEOC’s Pregnant Worker Suits Are Compliance Lessons for Employers

Seyfarth Shaw LLP on

The Equal Employment Opportunity Commission filed a flurry of lawsuits last month alleging violations of federal law concerning pregnancy and related conditions. These cases highlight a new “Bermuda Triangle” of laws that...more

Poyner Spruill LLP

Fourth Circuit Holds Gender Dysphoria Receives ADA Protections

Poyner Spruill LLP on

In a case of first impression for federal appellate courts, the United States Court of Appeals for the Fourth Circuit recently held that gender dysphoria qualifies as a “disability” under the Americans with Disabilities Act...more

Fisher Phillips

An Employer’s Guide to Workplace Protections for Abortion-Related Decisions

Fisher Phillips on

Employers likely have questions about abortion-related employment protections and healthcare benefits after Friday’s SCOTUS controversial decision that overturned Roe v. Wade. Given the ruling, people in states with strict...more

Hahn Loeser & Parks LLP

Answering the Top 10 Questions Employers Have About the COVID-19 Vaccine

Hahn Loeser & Parks LLP on

Over the past few months, the COVID-19 vaccine has dominated news coverage and is at the forefront of the current administration’s agenda. On Thursday, September 9, 2021, President Joe Biden announced a sweeping new federal...more

Littler

Washington’s New Healthy Starts Act Requires Employers to Provide Reasonable Accommodations to Pregnant Workers Absent the Showing...

Littler on

Washington’s legislature recently passed a new Healthy Starts Act (the “Act”), which places significant obligations on Washington employers with respect to pregnant employees. These new obligations are not otherwise required...more

FordHarrison

EEOC Increases Penalty for Violating Notice Posting Requirements by 150 Percent

FordHarrison on

The EEOC is increasing the penalty for failure to post the required workplace notices under Title VII, the ADA, and GINA by 150 percent. This increase means the maximum penalty for notice violations will increase to $525 per...more

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

New Jersey Court Finds Employer Improperly Required Employee to Submit to Fitness-for-Duty Exam

The Superior Court of New Jersey, Appellate Division recently held, in a case of first impression, that the Americans with Disabilities Act (ADA) permits a New Jersey employer to require an employee to undergo a...more

Foley & Lardner LLP

Employers Need to Consider Accommodation Requests Made at Any Time During a Disabled Employee’s Employment

Foley & Lardner LLP on

Can an employer simply ignore a request by a disabled employee for an accommodation made in a meeting that could lead to the employee’s termination? A recent federal case from Wisconsin says no. In the case, the former...more

Mintz - Employment, Labor & Benefits...

Something is Rotten at the Pork Roll Company … and it’s not the Pork Rolls: Flatulent Employee (and his Wife) Bring Claims for...

Is passing gas now protected by our anti-discrimination laws? Over the past several years, we have written extensively about the possibility of obesity discrimination lawsuits becoming the next wave of disability...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,...

The Same-Sex Marriage Ruling: Key Employment Law Take-Aways

On June 26, 2015, the Supreme Court of the United States answered the two questions it posed in the consolidated same-sex case, Obergefell v. Hodges, No. 14-556 (June 26, 2015). The consolidated case arose from challenges to...more

Franczek P.C.

FMLA Leave for Headache Effectively Converts Full-Time Position into Part-Time Position; Employers' Shrieks Heard Across the...

Franczek P.C. on

This one is a real headache. Sam oversees a storage area for the Connecticut Department of Transportation (ConnDOT) and during certain times of the year, his position requires a fairly extensive amount of overtime. For...more

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