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Rosa’s Law: “Intellectual Disability” Replaces “Mental Retardation” in Federal Laws

'mental retardation' 'Rosa's law' 'intellecutal disability'
October 23, 2010

CHANGING JOB FUNCTIONS: THROUGH AN ADA LOOPHOLE, INTO AN EEOC NET?

'essential job functions' 'incontnent court reporter' 'qualfied individual with a disability' 'lifting restriction'
October 2, 2010

Federal Report is a Compliance Checklist for Workplace Wellness Programs

"wellness program" 'GINA' 'voluntary wellness program' 'EEOC' 'insurance safe harbor'
September 26, 2010

ADAAA’s Judicial Debut: Cancer in Remission is a “Disability,” Regardless of Whether it Substantially Limits a Major Life Activity

  Since the Americans with Disabilities Act Amendments Act was not retroactive, ADA court decisions addressing facts that arose prior to  January 1, 2009, the ADAAA’s effective date, have continued to apply the original ADA, including the now-overruled Supreme Court decisions in the Sutton trilogy and Toyota Motor Manufacturing, Kentucky, Inc. v. Williams. Now, nearly … Continue reading ADAAA’s Judicial Debut: Cancer in Remission is a “Disability,” Regardless of Whether it Substantially Limits a Major Life Activity
September 21, 2010

Casanova’s Advances Rebuffed; Seventh Circuit Tosses $1 Million Workers Comp Retaliation Verdict

  Sometimes a case makes you wonder. Bruce Casanova, a former American Airlines baggage handler, told the jury he lied to American and feigned forgetfulness in an “Article 29F” investigation of his work related injury, and refused to provide a written statement concerning the circumstances of his injury as required by the collective bargaining agreement, … Continue reading Casanova’s Advances Rebuffed; Seventh Circuit Tosses $1 Million Workers Comp Retaliation Verdict
August 26, 2010

The Case of the Incontinent Court Reporter Redux: An ADA Loophole?

  Recall the incontinent court reporter, hired as a control room specialist, a position compatible with her medical condition, but whose job changed when the chief judge decided to evenly distribute the workload, and required all court reporters to rotate through all courtrooms. In ADA parlance, the court changed the essential functions of the court reporter’s … Continue reading The Case of the Incontinent Court Reporter Redux: An ADA Loophole?
August 13, 2010

EEOC Continues Its Attack on “Inflexible” Leave Policies

  The EEOC’s challenge to “inflexible” leave policies continued this week, as the agency announced that it had sued Princeton HealthCare System for failing to reasonably accommodate employees who needed medical leave. According to the EEOC press release, Princeton HealthCare "fires employees" who are not qualified for FMLA leave and refuses to grant leave beyond … Continue reading EEOC Continues Its Attack on “Inflexible” Leave Policies
August 12, 2010

Top 20 ADA Cases: Large Jury Verdicts and Perhaps Some Litigaphobia

  As part of its celebration of the 20th anniversary of the ADA, the EEOC issued a report entitled "Twenty Years of ADA Enforcement, Twenty Significant Cases," sort of the top twenty ADA cases brought by the agency. Much can be gleaned from this ten page document and we may revisit it a few times. First, … Continue reading Top 20 ADA Cases: Large Jury Verdicts and Perhaps Some Litigaphobia
August 10, 2010

Alleviating Commuting Woes as a Reasonable Accommodation under the 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, … Continue reading Alleviating Commuting Woes as a Reasonable Accommodation under the ADA
July 29, 2010

CELEBRATING THE ADA’S 20TH ANNIVERSARY WITH CASEY MARTIN: THE LAW AND THE LINKS

  Sitting in the Rose Garden on July 26, 1990, President G.W.Bush signed the Americans with Disabilities Act and, no doubt intending the historical analogy, declared it "the emancipation proclamation" for those with disabilities. To commemorate the ADA’s 20th Anniversary, I am going to re-read my favorite ADA case, the Supreme Court’s 2001 decision in PGA Tour, … Continue reading CELEBRATING THE ADA’S 20TH ANNIVERSARY WITH CASEY MARTIN: THE LAW AND THE LINKS
July 20, 2010

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