Dance professionals would never confuse the “one-step” with the “two-step” and neither should employers when it comes to evaluating the reasonableness of a requested accommodation. The two-step analysis comes from the Supreme Court’s 2002 decision in US Airways, Inc. v. Barnett. The one-step analysis, much less favorable to employers, continues to be advanced by the
EEOC Letter Comments on Substance of ADA Forms
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To add structure to the often amorphous process of obtaining and evaluating requests for accommodations, employers seeking compliance, efficiency and consistency have developed forms to assist their efforts. In an EEOC Office of Legal Counsel (OLC) “informal discussion letter” replete with cautions for those employers, the OLC said: “The wide range of disabilities,…
“Unclear” Testimony About Timing of Golf and Sex Limitations Revives ADA Claim
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The ADA lesson from this case goes beyond limitations related to golf and sex.
The day after the plaintiff told his employer that he had scheduled his back surgery, the employer terminated him. The plaintiff sued, claiming that his termination violated the ADA. Based in part on the plaintiff’s deposition testimony that “his back problems…
ADA Claim Based on Inability to Sit Stands
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An employee’s inability to sit for a prolonged period may be a disability under the ADA, according to the United States Court of Appeals for the Second Circuit. Parada v. Banco Industrial de Venezuela, C.A., et al (2nd Cir, March 25, 2014). Reversing a grant of summary judgment to the employer, the Court said…
ADA: An Inadvertent Leave Law…..or Not?
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While the FMLA is a leave law, the ADA is an “inadvertent leave law,” said EEOC Commissioner Chai Feldblum. Commissioner Feldblum, who was instrumental in the drafting and enactment of the original ADA and the ADAAA, spoke at the DMEC Compliance Conference in National Harbor, Md recently. During her comments, Commissioner Feldblum also said that…
DOJ Strikes Landmark Consent Decree in Web, Mobile Access Case
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The Department of Justice (DOJ) has announced that it has entered into a landmark consent decree resolving its first lawsuit brought under the Americans with Disabilities Act centered on the accessibility of corporate websites and mobile applications. Under the decree in National Federation of the Blind, et al. and United States v. HRB Digital LLC,…
Obesity, Like a Neon Green Mohawk Hairdo, Not an Impairment under ADA
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Rejecting an obese plaintiff’s claim that her employer “regarded” her weight as a physical impairment, a federal district court said that her obesity is no more an impairment that any other physical characteristic, such as, for example, an individual’s neon green mohawk. Powell v. Gentiva Health Services, Inc. (S.D. AL, February 12, 2014). The court…
Attendance is Essential Function under ADA for PICC Nurse
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Whenever a court holds that coming to work is an essential function of an on-site job, it is worthy noting given what seems to be frequent challenges to this common sense principle. In Mecca v. Florida Health Services Center, Inc. (M.D. FL, February 3, 2014). the court held that coming to work is an…
ADA Claims of “Serial Sick Leave Abuser” Tossed; A Marxist Saga in the Style of Groucho
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The legal principle in this case is interesting; the facts more so. The legal principle first. The court held that an employer can have a policy requiring employees calling out sick to stay at home unless the employee otherwise notifies the department. Corbin v. Town of Palm Beach (S.D. FL, January 23, 2014). The Town…
“Substantial” Limitation under the ADA Not as “Substantial” as it Used to Be
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Ain’t nothing like it used to be,” wailed the rock band Steppenwolf a few decades ago, and that observation applies as well to the definition of “substantial limitation” under the ADA. In a case of first impression, the United States Court of Appeals for the Fourth Circuit held that the “substantial limitation” on a major…