Disability Discrimination

If you can’t do your job because of a disability, your employer must transfer you to a vacant position you are qualified for, a recent disability discrimination case determines. In EEOC v. United Airlines Inc., the 7th Circuit reversed previous case law, concluding that absent a “particularized showing of undue hardship” the Americans with Disabilities Act requires employers…

The Americans With Disabilities Act (the “ADA”) and the Americans With Disabilities Act Amendments Act (“ADAAA”) provide much needed protections for certain “qualified individuals” to ensure they do not suffer job discrimination as the result of a disability or perceived disability. The ADA also prohibits disability harassment and retaliation against you for complaining about disability…

The Americans with Disabilities Act (ADA) and the Americans with Disabilities Act Amendments Act (ADAAA) prohibits discrimination against “qualified individuals with a disability” concerning the terms and conditions of employment. This means that if you are considered a “qualified individual” and your employer takes a negative employment action – such as firing, failing to hire,…

Many people wonder what constitutes a disability for purposes of the Americans with Disabilities Act (ADA) and the Americans with Disabilities Act Amendments Act (ADAAA). The ADA and ADAAA make disability discrimination illegal and in many cases it may be possible to file a lawsuit and obtain damages if you have been discriminated against due…

Recently, the 11th Circuit Court of Appeals ruled that an Atlanta district court made three crucial errors when it rejected an HIV-positive claim of disability discrimination against the Atlanta police department. In Roe v. Atlanta, Richard Roe sued the city for violation of the Americans with Disabilities Act (ADA) after he was rejected as a police…

The Americans with Disabilities Act protects qualified individuals against several different types of discrimination based on a “disability.” A qualified individual with a disability includes those individuals with any medical, physiological, or psychiatric condition that substantially limits a major life activity. Further, the ADA protects against perceived disabilities. This includes disability discrimination based on stereotypes and baseless…

In the largest settlement in the history of the Equal Employment Opportunities Commission (EEOC), Verizon Communications has agreed to settle a class-action disability discrimination lawsuit. The lawsuit, EEOC v. Verizon Del. LLC, challenges the company’s attendance policies, asserting that the company violated the Americans with Disabilities Act (ADA) by maintaining attendance policies that did not…

In 2009, the ADA Amendments Act took effect. One of the objectives of the ADAAA was both to cover more people and to give those people with disabilities greater protection from discrimination at work. One of the groups still experiencing very low employment rates are those people with mental disabilities. The new amendments provide greater coverage for…

The U.S. District Court for the Eastern District of Michigan ruled that a part-time bank teller raised triable issues of disparate treatment and failure to accommodate under the Americans with Disabilities Act (ADA). The ADA prohibits discrimination against “qualified individuals with a disability” in the terms and conditions of employment. A qualified disability is any medical, physiological, or psychiatric…

In one of the first summary judgment rulings under the amendments to the Americans with Disabilities Act (the “ADAAA”), the U.S. District Court for the Northern District of Indiana determined that an employee who has cancer is considered to be “disabled” even if the condition is in remission at the time of the alleged adverse employment action.…