In Harrison v. Benchmark Electronics, the Eleventh Circuit held that an employee can bring an ADA claim against an employer based on an improper medical inquiry regardless of whether the employee is disabled within the meaning of the ADA. More after the break.
Contributed by Eric A. Welter.Posts Tagged ‘ADA’
Improper Medical Inquiry Claim Not Dependent On Disability
Wednesday, April 14th, 2010Alcoholism and the ADA
Monday, June 15th, 2009A question after a recent speech about whether alcoholism is covered by the Americans with Disabilities Act (“ADA”) prompts us to write a short post on the topic. More after the break.
Contributed by Eric A. Welter.Briefing on New Employment Laws
Friday, March 27th, 2009Employment Law Update: New Administration — New Laws
With each new administration comes changes to employment law. The Obama administration is making major changes that will impact your organization. This breakfast briefing will shorten your learning curve and keep you on the right side of new laws. Specifically, this event will address changes to FMLA, ADA and COBRA. More information after the break.
Top Ten Issues In Employment Law For HR Professionals In Virginia in 2008: #4
Monday, January 19th, 2009We will be posting over the next week the top ten developments in employment law for HR professionals in Virginia in 2008. The list is in no particular order. Topic number 4 is:
Employer Not Participating In Interactive Process Is Not Acting In Good Faith. More after the break.
Top Ten Issues In Employment Law For HR Professionals In Virginia in 2008: #2
Thursday, January 15th, 2009We will be posting over the next week the top ten developments in employment law for HR professionals in Virginia in 2008. The list is in no particular order. Topic number 2 is:
2008 Amendments To The Americans With Disabilities Act. More after the break.
Supreme Court Denies Review Of FedEx ADA Punitive Damages Award
Thursday, October 9th, 2008According to a press release by the EEOC, the U.S. Supreme Court has denied FedEx’s petition for review of a $100,000 punitive damages award under the ADA that was upheld by the U.S. Court of Appeals for the Fourth Circuit. The Fourth Circuit’s opinion is here. Our previous post on the decision is here.
Failure To Accommodate Can Result In Constructive Discharge
Tuesday, September 16th, 2008Workplace Prof Blog has a post today here on a decision by the U.S. Court of Appeals for the Sixth Circuit. The case drew our attention because it relied on a decision by the Fourth Circuit in concluding that an employer’s failure to accommodate a disabled worker can be grounds for a constructive discharge claim. The court’s opinion is here.
EEOC Issues ADA Q&A Guide On Performance And Conduct Issues
Monday, September 8th, 2008EEOC Releases Guide For Employers On Veterans With Service-Related Disabilities
Friday, February 29th, 2008The EEOC announced the issuance of a new guide for employers today on the employment of veterans with service related disabilities and the ADA. The Ohio Employer’s Law Blog has a good summary of the guide here.
Unintended Consequences?
Tuesday, January 22nd, 2008As a follow-up to yesterday’s post on diversity training, I came across an article in the New York Times on “freakonomics” — the law of unintended consequences. The authors of the article discuss how the Americans with Disabilities Act (“ADA”) has affected the hiring of individual’s with disabilities. (The Adam Smith, Esq. blog discusses the issue here.)
ADA Accessibility
Wednesday, January 9th, 2008Overlawyered reports on a settlement agreement between the Department of Justice Civil Rights Division and Sylvan Learning Centers regarding Sylvan’s on-line materials. The Justice Department takes the position that Sylvan — including its on-line tutorials — are “public accommodations.” (Settlement agreement here.)
