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
medical
Banning Employees from Providing Emergency Medical Services Banned in California
A California employer may not prohibit an employee from providing voluntary emergency medical services, such as CPR, in response to a medical emergency, according to a law approved by the Governor last week.
The law has a few caveats. An employer may have a policy authorizing trained employees to provide those services but, even with…
Medical Marijuana Musings
Medical marijuana is in the news for a variety of reasons.
On the legal front, the primary issue is that the federal government classifies marijuana as a controlled substance while 20 states have passed laws allowing its use for medical reasons. President Obama’s spokesperson said recently that the President “does not, at this point, advocate a change…
Federal Agencies Serve Notice To Nation’s Health-Related Schools Concerning Hepatitis B Discrimination
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
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…
Lactation is a “Medical Condition” Protected by Title VII and PDA
It comes down to the definition of "medical condition." The Pregnancy Discrimination Act, an amendment to Title VII, prohibits discrimination based on "pregnancy, childbirth, or related medical conditions." Lactation is none of these, a federal district court held last year, granting summary judgment to the employer. See our post of that decision here.
Reversing…
EEOC Brings GINA Class Claim Challenging Family Medical History Inquiries
The EEOC has brought a class action under the Genetic Information and Nondiscrimination Act (GINA) against a nursing and rehabilitation center, alleging that the defendant-employer "requires a class of applicants and employees to provide genetic information in response to questions about family medical history" as part of its pre-employment, return-to-work and annual medical exams of…
EEOC Issues Revised Guidance on ADA’s Application to Certain Disabilities
On May 15, 2013, the EEOC issued revised “Q & A” documents addressing how the ADA applies to job applicants and employees with cancer, diabetes, epilepsy and learning disabilities. http://www.eeoc.gov/eeoc/newsroom/release/5-15-13.cfm
Each of the revised Q & A documents also answers questions about topics such as: when an employer may obtain medical information from applicants and…
Lawful Use of Medical Marijuana Not a “Lawful Activity” in Colorado
A Colorado law prohibits employers from terminating an employee for “engaging in any lawful activity of the premises of the employer during nonworking hours…” Another Colorado law allows individuals to obtain a license to use medical marijuana.
The Colorado Court of Appeals has held that licensed medical marijuana use is not a “lawful activity” under…
General Inquiry Not a “Medical Inquiry” under the ADA Despite Response Laden with Medical Information
An employer’s email to a “no call/no show” employee asking “what is going on” is not a “medical inquiry” under the ADA, according to the 7th Circuit.eeoc v. Thrivent Financial for Lutherans (7th Cir. Nov. 20. 2012).
The Court rejected the EEOC’s argument that the word “inquiries” in the “Medical Examinations and Inquiries” section…