Tag Archives: discrimination

New York Federal Court Finds Alcoholism Is “Impairment,” Not Necessarily A Disability, Under the ADA

It seems axiomatic that a disability discrimination claim requires the plaintiff to suffer from a disability.  In Johnson v. N.Y. State Office of Alcoholism & Substance Abuse Servs., No. 16-cv-9769 (RJS) (S.D.N.Y., March 13, 2018), a judge in the Southern District of New York dismissed a pro se plaintiff’s complaint for failure to allege that … Continue Reading

Donations Not Accepted – ADA Does Not Require Continued Use of Leave Donation Program

Many employers have programs allowing employees to donate their own time off to another employee with serious medical or family issues.  A dilemma often faced by employers with these policies is whether continued use of such donated time means the employee is not performing the essential function of attendance.  On the one hand, the employee … Continue Reading

EEOC’s Record Jury Verdict of $240 Million in ADA Turkey Farm Case Reduced to $1.6 Million

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. … Continue Reading

Housing Complex Designed For, Occupied By, Those With Hearing Impairments Discriminates Against Those Without Hearing Impairments

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 … Continue Reading

A Mega Leave-and-Attendance Patchwork on its Way!

If you look out toward the leave-and-attendance legislation horizon, and you might have to squint a bit but not much, you can see yet another patchwork beginning to take shape. This one is on paid sick days. Multi-state employers need to watch this carefully since it is certainly heading for full-fledged “patchwork” status which, when … Continue Reading

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 … Continue Reading

EEOC Reports Record Number of Discrimination Charges; ADA Charges Are Fastest Growing Category

The EEOC reported a record number of private sector discrimination charges filed in FY 2010, nearly reaching the 100,000 mark.  99,922 charges were filed in FY 2010, an increase of 6,645 (7%) from FY 2009. The most frequently filed charges were retaliation (36%), race discrimination (35.9%), and sex discrimination (29.1%). Disability discrimination charges increased more … Continue Reading

Top 20 ADA Cases: Large Jury Verdicts and Perhaps Some Litigaphobia

  As part of its celebration of the 20th anniversary of the ADA, the EEOC issued a report entitled "Twenty Years of ADA Enforcement, Twenty Significant Cases," sort of the top twenty ADA cases brought by the agency. Much can be gleaned from this ten page document and we may revisit it a few times. First, … Continue Reading
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