Category Archives: Disability

Subscribe to Disability RSS Feed

Massachusetts Enacts Pregnant Workers Fairness Act

On July 27, 2017, Massachusetts Governor Charles Baker signed into law “An Act Establishing the Massachusetts Pregnant Workers Fairness Act.” The new law (i) prohibits discrimination against employees on the basis of pregnancy or a condition related to pregnancy and (ii) requires employers to provide reasonable accommodations to expectant and new mothers in the workplace. … Continue Reading

Recent Florida Supreme Court Decisions on Workers’ Compensation Could Lead to Higher Premiums

In two long-awaited decisions, the Florida Supreme Court declared several provisions of the state’s workers’ compensation statutes unconstitutional, weakening legislative reforms approved in 1994 and 2003 intended to curb the system’s growing costs and higher premiums for employers and businesses. The rulings, in Castellanos v. Next Door Company and Westphal v. City of St. Petersburg … Continue Reading

Sixth Circuit Rejects Telecommuting Demand from Employee

In an important “win” for employers that has potentially widespread implications, the Sixth Circuit Court of Appeals, sitting en banc, reinstated summary judgment dismissing claims asserted by the Equal Employment Opportunity Commission (EEOC) that Ford Motor Company failed to accommodate a former employee’s request under the Americans with Disabilities Act (ADA) to telecommute up to … Continue Reading

Obesity: Grounds for Unlawful Discrimination in Europe?

Written by Dorothé Smits and Johan Nijmeijer. According to Eurostat, during the last decade, the population that is overweight in the European Union (EU) Member States has increased significantly, which has resulted in more than half of the EU population being overweight or obese. Last year the European Court of Justice (ECJ) was asked in … Continue Reading

Third Circuit Increases Liability for Employers Issuing Routine Mandatory FMLA Notices

In an important decision, the Third Circuit recently held in Lupyan v. Corinthian Colleges, Inc. that an employee’s sworn statement — and nothing more — that she did not receive management’s mailed notification that her leave was designated as qualifying under the Family and Medical Leave Act (FMLA), created a fact question precluding summary judgment … Continue Reading

2013 California Employment Law Legislative Update: Things You Need to Know for 2014

The GT Alert — 2013 California Employment Law Legislative Update: Things You Need to Know for 2014 was prepared by James M. Nelson, Angela Diesch and Jennifer Holly. This Alert discusses how California’s legislative changes will affect management of employment in California for 2014 and beyond. The authors offer insight on the more significant employment-related … Continue Reading

OFCCP Publishes Final Rule to Improve Job Opportunities for Veterans and Persons With Disabilities

With Ryan C. Bradel The U.S. Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) recently released two final rules updating the Affirmative Action regulations regarding the recruiting and hiring of veterans and persons with disabilities, which are mandatory for federal government contractors.  Pending since April 2011, the rules are expected to be published … Continue Reading

Accommodation

The Seventh Circuit recently examined whether an employee could assert disability discrimination based on a failure to accommodate where a non-disabled employee requested an accommodation to care for her disabled child.  Magnus v. St. Mark United Methodist Church, No. 11-3767 (7th Cir. August 8, 2012).  In the case, the employee sought an accommodation to take … Continue Reading

ADA – Accommodation – Disabilities

With the enactment of the ADA Amendments Act, there has been much attention focused on the expanded definition of a disability in which many, if not most, medical conditions qualify as a disability under the Act. However, perhaps overlooked, is that an employee who is disabled must still be qualified to perform the essential functions … Continue Reading

GT Alert — Disabilities in the Workplace – Regulations to Implement the Equal Employment Provisions of the Americans With Disabilities Act Amendments Act

The Americans with Disabilities Act (ADA) was enacted in 1990 to prevent employment discrimination on the basis of an employee’s disability. While the definition of disability has not changed with the enactment of the ADA Amendments Act of 2008 (ADAAA) and the final regulations promulgated thereunder, the scope of the definition has been expanded with specific … Continue Reading

Workplace Safety Trumps Threats by Disabled Employee

Normal 0 false false false MicrosoftInternetExplorer4 /* Style Definitions */ table.MsoNormalTable {mso-style-name:”Table Normal”; mso-tstyle-rowband-size:0; mso-tstyle-colband-size:0; mso-style-noshow:yes; mso-style-parent:””; mso-padding-alt:0in 5.4pt 0in 5.4pt; mso-para-margin:0in; mso-para-margin-bottom:.0001pt; mso-pagination:widow-orphan; font-size:10.0pt; font-family:”Times New Roman”; mso-ansi-language:#0400; mso-fareast-language:#0400; mso-bidi-language:#0400;} From Marc B. Koenigsberg of GT Sacramento. Thanks and welcome to Marc!  Last month, the California Court of Appeal ventured into the uncharted area … Continue Reading

Leaves of Absence and the ADA

One of the most vexing areas in employment is the interaction of the Americans with Disabilities Act and the Family and Medical Leave Act for individuals on a leave of absence because of a disability. If an employee has a disability and needs to take a leave of absence, the employer may provide qualified employees with … Continue Reading
LexBlog