On July 11, 2013, the U.S. Access Board and the ADA National Network will host a free webinar providing a “walk thru” of the Web Content Accessibility Guidelines (WCAG), also known as WCAG 2.0. The WCAG are published and maintained by the World Wide Web Consortium (W3C) and are the internationally recognized standards for web
Supreme Court Retaliation Ruling Likely to Affect ADA Retaliation Standard
By Jackson Lewis P.C. on
Posted in ADA
The Supreme Court held this week that a plaintiff bringing a retaliation claim under Title VII must establish that the adverse employment action would not have occurred “but-for” an improper motive on the employer’s part, rejecting the lesser “motivating factor” standard. University of Texas Southwestern Medical Center v. Nassar, (USSupCt, June 24, 2013. This…
Amputee’s Request for Breaks May Be Request for ADA Reasonable Accommodation
By Jackson Lewis P.C. on
Posted in ADA
An amputee’s request for work breaks to adjust his prosthesis may be a request for an accommodation under the ADA, according to a federal district court. Morton v. Cooper Tire & Rubber (N.D. MS, June 18, 2013). The employee was training to operate a machine which ran for twelve hour shifts. To complete the training…
Federal Agencies Serve Notice To Nation’s Health-Related Schools Concerning Hepatitis B Discrimination
By Joseph J. Lynett on
Posted in ADA
The Departments of Justice, Education and Health and Human Services issued a joint letter to the nation’s medical schools, dental schools, nursing schools, and other health-related schools regarding hepatitis B discrimination. In the letter, the departments express concern that some health-related schools may be making enrollment decisions based on an incorrect understanding of the hepatitis…
Denying Request to Change Worksite Supports ADA Constructive Discharge Claim
By Jackson Lewis P.C. on
Posted in ADA
A plaintiff’s claim that she was constructively discharged because her employer refused to transfer her to an office closer to the place where she received therapy to deal with the pain caused by her arthritis has survived her employer’s motion to dismiss.
The plaintiff worked in the home office of a child welfare agency. She…
Website Accessibility and the ADA
Posted on
Posted in ADA
Jackson Lewis Partners Joseph Lynett and John Snyder have written an article entitled “Website Accessibility and the Americans with Disabilities Act,” published in American Bar Association. To view the article, click here.
Website Accessibility and the ADA
By Jackson Lewis P.C. on
Posted in ADA
Jackson Lewis Partners Joseph Lynett and John Snyder have written an article entitled "Website Accessibility and the Americans with Disabilities Act," published in American Bar Association. To view the article, click here.
When Office Romances Go Wrong: Court Holds Mandatory Psychological Counseling Does Not Violate the ADA
By Jackson Lewis P.C. on
Posted in ADA
In a case with facts more akin to a soap opera than a lawsuit, a federal court in Michigan granted summary judgment to an employer, WLAA, who required an emergency medical technician to undergo psychological counseling as a condition of continued employment. Kroll v. White Lake Ambulance Authority, (W.D. Mich., May 22, 2013)…
DOJ Says Don’t Make Disabled Passengers Call In Advance for A Bus Ride
By Joseph J. Lynett on
Posted in ADA
The U.S. Department of Justice (DOJ) has reached a settlement with DeCamp Bus Lines, a New Jersey transportation company, to ensure that bus transportation is provided on equal terms to people with disabilities. The DOJ determined that DeCamp Bus Lines violated Title III of the Americans with Disabilities Act by requiring that passengers with disabilities…
EEOC’s Record Jury Verdict of $240 Million in ADA Turkey Farm Case Reduced to $1.6 Million
By Patricia Anderson Pryor on
Posted in ADA
In what the EEOC has called “one of its finest moments” in its effort to “combat employment discrimination,” a jury awarded $240 million to 32 individuals in an ADA case brought by the EEOC. It was the EEOC’s largest jury verdict ever. The award for compensatory and punitive damages amounted to $7.5 million per individual.…