ADA
The Failure to Make Reasonable Accommodations May Violate the Americans With Disabilities Act
An Atlanta judge is facing charges of disability discrimination from several current and former employees. The American with Disabilities Act (ADA) and the American with Disability Act Amendment Act (ADAAA) make it illegal to discriminate in terms of employment against qualified individuals with a disability.” Further, the ADA also prohibits disability harassment and retaliation against workers…
Read MoreFake Employment Letter Study Reveals Disability Discrimination
A recent article in the New York Times revealed a disconcerting finding and the uphill battle many face against employment discrimination. The conclusion comes as the result of a study conducted by researchers from Syracuse and Rutgers Universities. The researchers sent cover letters and resumes to thousands of employers from fictitious people seeking accounting jobs.…
Read MoreLawsuit Alleges Discrimination Based on Perceived Disability
Employment news reports that the federal government has filed a lawsuit against Amtrak, alleging employment discrimination. According to the disability discrimination complaint filed by the Equal Employment Opportunity Commission (EEOC), Amtrak unlawfully discriminated against a person who had epilepsy. The Americans with Disabilities Act (ADA) and the Americans with Disabilities Act Amendments Act prohibit discrimination…
Read MoreFailure to Allow Leave For Cancer Treatment May Violate the ADA
According to legal news, Dunkin’ Donuts has been sued for disability discrimination after refusing to provide medical leave to a woman suffering from cancer. In a clear violation of the Americans with Disabilities Act (ADA), the doughnut chain terminated the worker. The ADA makes disability discrimination illegal and prohibits discrimination against “qualified individuals with a…
Read MoreEmployee Fired for Caring for Disabled Parent Successfully Brings ADA Claim
A recent disability discrimination case evaluated whether an employer can lawfully fire an employee for being too distracted from his job duties while caring for his father. The court determined that it could not, and that the employee could successfully bring a case for “associational” disability discrimination. The Americans with Disabilities Act (ADA) prohibits employers…
Read MoreAre You an Employer or Employee?
A recent employment law case evaluated whether a doctor should be considered an employer or an employee. In the disability discrimination case, an anesthesiologist was identified as an employee based on her employment agreement. However, after working for two years, she was promoted and became a shareholder and a member of the board of directors.…
Read MoreADA Lawsuit Filed Against FedEx
Legal news reports that a federal discrimination lawsuit has just been filed against FedEx. The Americans with Disabilities Act claim asserts that FedEx discriminated against a large class of deaf and hard of hearing package handlers and job applicants for many years. Among the allegations include claims that the company failed to provide the workers…
Read MoreIs Your Physical Presence at Work an Essential Job Function?
The Americans with Disabilities Act (ADA) and the Americans with Disabilities Act Amendments Act (ADAAA) protect certain qualified individuals with disabilities from discrimination at work. This means that your employer cannot take negative actions against you as a result of your disability, because you have a record of a disability, or because it regards you as disabled.…
Read MoreEssential Functions of One’s Job Not Dependent Exclusively on Stated Job Requirements
The question of what constitutes an “essential function” of one’s job is a pivotal inquiry in many disability discrimination cases filed under Americans with Disabilities Act, as amended by the ADAAA Amendments Act of 2008 (“ADAAA”). Pursuant to the ADA/ADAAA, it is illegal for your employer to discriminate against “qualified individuals with a disability” in the terms…
Read More11th Circuit Remands Case to Determine What Is an Essential Function Under the ADA
A recent disability discrimination case evaluated whether a Type 1 insulin-dependent diabetic man could maintain his claim for disability discrimination against Federal Express Corporation “FedEx” under the Americans with Disabilities Act (“ADA”) and its counterpart, the Florida Civil Rights Act. In Samson v. Federal Express Corporation, the 11th Circuit Court of Appeals determined that he could. In 2009…
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