A federally subsidized housing complex designed by a deaf architect, with such features as video phones, lights that flash when the phone or doorbell rings, and wiring that sends announcements to residents’ hearing aids, is being accused by the federal government of discrimination against those who are not deaf, according to a New York Times
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Plaintiff With Many Chemical and Other Sensitivities Not Qualified Under Rehab Act
A plaintiff with chemical or other sensitivities alleging disability discrimination is not unusual. The typical claim is that such a plaintiff, despite such sensitivities, is a qualified individual with a disability and the employer failed to accommodate those sensitivities. The pro se plaintiff in an Eleventh Circuit case making that claim, a nurse in a…
It Depends on Your Definition of “Has”: Connecticut Appellate Court Rejects State Law “Perceived Disability” Claim.
The Connecticut law prohibiting discrimination against an individual who has a “physical disability” does not create a cause of action for discrimination by someone who does not have, but is perceived to have, a physical disability, according to the Connecticut Appellate Court. Desrosiers v. Diageo (Aug 14, 2012). The Court noted that the state law…
Working Through the Workplace Haze from Connecticut’s New Medical Marijuana Law
Under a new Connecticut law, a “qualifying patient” with a “debilitating medical condition” may obtain a supply of marijuana from a licensed dispensary to alleviate symptoms or effects of such symptoms. The statute lists eleven “debilitating medical conditions” and gives the Department of Consumer Protection the ability to add others.
The act also gives guidance to address the…
Congress Confirms EEOC Recess Appointments; Disability and Leave Issues to Fare Prominently in 2011
‘EEOC’ ‘GINA’ ‘ADA Amendments Act” “final rule’ ‘leave mavens’…
Continue Reading Congress Confirms EEOC Recess Appointments; Disability and Leave Issues to Fare Prominently in 2011
MEET GINA : THE FIRST STATUTE TO BAN EMPLOYER INTERNET SEARCHES?
‘GINA’ ‘illegal requesting’ ‘genetic information’ ‘likely result in obtaining genetic information’…
Continue Reading MEET GINA : THE FIRST STATUTE TO BAN EMPLOYER INTERNET SEARCHES?
Rosa’s Law: “Intellectual Disability” Replaces “Mental Retardation” in Federal Laws
‘mental retardation’ ‘Rosa’s law’ ‘intellecutal disability’…
Continue Reading Rosa’s Law: “Intellectual Disability” Replaces “Mental Retardation” in Federal Laws
Burning Down the House: Considering the “Worst Case Scenario” In Determining Whether an Obese, Diabetic Employee is Qualified
We readily conceded that our recent post concerning the Hooters waitress placed on “weight probation” was “not your typical weight discrimination” case. Here is a more typical one, which also addresses whether an employer may consider the “worst case scenario,” so to speak, in determining whether an employee is a qualified individual with a…
Within Range But Overweight? Not Your Typical Weight Discrimination Case
Some call obesity the next smoking, meaning that now that employers have had a multi-faceted attack on reducing health costs related to smoking, they will move on to obesity. The CDC reports that about 40% of U.S. adults are obese, while about 20% of adults smoke. The rate of obesity has been…
Can Wellness Programs Address Growing Obesity Risks During Pregnancy?
Citing research from the Centers for Disease Control and Prevention, on June 5, 2010, the New York Times reported that one in five women are obese when they become pregnant. The article states "obesity might be contributing to record-high rates of Caesarean section and leading to more birth defects and deaths for mothers and babies."
As well illustrated in the NYT…