The National Safety Council, a nonprofit organization whose stated mission is to eliminate preventable deaths at work, in homes and communities through leadership, research, education and advocacy, published a Position/Policy Statement on October 21, 2019 addressing cannabis (marijuana) impairment in safety-sensitive positions. NSC stated that “it is clear that cannabis impacts psychomotor skills and cognitive
impairment
Mammography Tech with Epilepsy Not Qualified under ADA and a Direct Threat of Harm
By Jackson Lewis P.C. on
Posted in ADA
An ADAAA “rule of construction” is that an episodic impairment is a disability if it would substantially limit a major life activity when active. A Missouri federal district court has held that whether an employee with an episodic impairment is a qualified individual with a disability is also determined when the impairment is active. The court…
“Severe Obesity” is a Disability Under the ADA, Federal District Court Rules
By Jackson Lewis P.C. on
Posted in ADA
“Severe obesity” is a disability under the ADA and a plaintiff need not prove an underlying physiological basis for it, according to a Louisiana federal court. The court denied the employer’s motion for summary judgment. EEOC v. Resources for Human Dev., E.D. La., 12/7/11).
Noting that there is no federal law prohibiting discrimination based on…
Alleviating Commuting Woes as a Reasonable Accommodation under the ADA
By Jackson Lewis P.C. on
Posted in ADA
Does an employer’s duty to reasonably accommodate an employee’s disability include the duty to alleviate commuting challenges caused by the disability? Two courts of appeals recently held that it does unless to do so would be an undue hardship; both decisions reversed summary judgment for the employer on the ADA claims.
In both cases…