Recall the incontinent court reporter. She had a steady assignment compatible with her medical condition until the chief judge required court reporters to rotate through all courtrooms. In the lawsuit challenging the court reporter’s termination, the court held that rotating was an essential function of the court reporter’s job and because she could not do
Referring Mystic for Counseling Leads to ADA “Regarded As” Claim
By Jackson Lewis P.C. on
Posted in ADA
When an employee complains of harassment, the employer response is to investigate and take appropriate remedial action. In Kagawa v. First Hawaiian Bank/Bancwest Corp., the employer responded accordingly and is now a defendant in an ADA “regarded as” claim.
The plaintiff, a Senior Credit Analyst, alleged that she is a mystic, hears God’s voice…
Courts Split on Employer’s ADA Obligation to Accommodate Commute
By Jackson Lewis P.C. on
Posted in ADA
Reversing summary judgment for the employer, the Second Circuit said that “in certain circumstances, an employer may have an obligation to assist in an employee’s commute” to work as a reasonable accommodation. The Court cited its observation in an earlier decision that “there is nothing inherently unreasonable…in requiring an employer to furnish an otherwise qualified…
Ohio Manufacturer Pays $120,000 to Settle EEOC Litigation with Caregiver Discrimination Allegations
By Jackson Lewis P.C. on
Posted in ADA
‘caregiver responsibilities’ ‘caregiver discrimination’ ‘associational discrimination’…
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Former Drug User May Be Current Drug User Under the ADA
By Jackson Lewis P.C. on
Posted in ADA
It seems anomalous for an individual to be both a former and current user of illegal drugs at the same time. But perhaps not so anomalous under the ADA, according to the Tenth Circuit’s recent decision in Mauerhan v. Wagner Corporation.
The ADA exempts from its protection those who are current users of illegal drugs…
Huge Win for Employer Wellness Plans!!
By Francis P. Alvarez on
Posted in ADA
Employers who use financial incentives to motivate employees to complete health risk appraisals as part of their group health plans can breathe a little easier. Relying on the ADA’s "safe harbor" for insurance practices, a Florida federal district court has rejected a class action lawsuit challenging Broward County’s use of a $20 surcharge to motivate completion of a health…
Lights Out on Broadway; Court Extinguishes FMLA Retaliation Claim
By Jackson Lewis P.C. on
Posted in ADA
‘attendance’ ‘discipline’ ‘legitimate non-discriminatory reason’ ‘retaliation’…
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6th Circuit Rejects Claim that Doctor’s Note Requirement is an Unlawful Disability Inquiry; Distinguishes “Nature of the Illness” from “General Diagnosis
By Jackson Lewis P.C. on
Posted in ADA
Nuance is important in legal analysis. A recent 6th Circuit case dealing with employer policies requiring an employee returning from sick leave to provide a doctor’s note illustrates the point.
In Lee v. The City of Columbus, the 6th Circuit held that the Columbus Police Department’s requirement that the doctor’s note include…
ADAAA Final Regulations Have Arrived!
By Francis P. Alvarez on
Posted in ADA
The EEOC has released an unofficial version of the much-awaited Final Regulations implementing the ADA Amendments Act (ADAAA). The official version, published in the Federal Register, will be released tomorrow. The Final Regulations become effective 60 days from March 25, 2011, the day they will be published in the Federal Register, The EEOC also has…
188 Reasons for Municipalities to Take the ADA Very Seriously
By Jackson Lewis P.C. on
Posted in ADA
‘Title II’ ‘access’ ‘web services’ ‘website’ ‘project civil access’…
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