Providing Ride to Work Reasonable Accommodation? Wrong Question
In Colwell v Rite Aid Corp., the Third Circuit Court of Appeals might provide a preview of what it’s going to be like under the Americans with Disabilities Act Amendments Act (ADAAA), even though the...
View ArticleWhat’s Wrong? Tip of the Week
Ever asked someone at work, “What’s wrong?” It’s a common question in all parts of life. In the workplace, we’re sometimes reluctant to ask. It may be because we really don’t want to know or fear a...
View ArticleADA’s 20th Anniversary: A Contrary View
Much has been favorably written about the 20th anniversary of the Americans with Disabilities Act. It is my view, however, that the ADA hasn’t helped the truly disabled as much as it’s helped people...
View ArticleADA vs. ADAAA: The Difference
As I’ve noted before on this blog (here and here), the ADA Amendments Act is likely to result in significantly different court decisions in disability discrimination cases than would have occurred...
View ArticleDisability Discrimination Claims Rise
Hardly a surprise, USA Today recently reported that, according to the Equal Employment Opportunity Commission, disability discrimination claims increased last year more than at any other time in the...
View ArticleADA Accommoation Must Be Reasonable and Effective
In EEOC v. UPS, the Ninth Circuit Court of Appeals considered the issue of reasonable accommodation in a lawsuit filed under the Americans with Disabilities Act. (The suit arose before the Americans...
View ArticleCancer Is Disability Under ADAAA
Jon Hyman has an excellent post on the effect of the Americans with Disabilities Amendments Act (ADAAA) on many types of illnesses and diseases, cancer in particular. His post includes a summary of one...
View ArticleVacant Position: Reasonable Accommodation for Disability
Under the Americans with Disabilities Act (ADA), placing a disabled employee (who is qualified) in a vacant position has always been a reasonable accommodation. But when is a position vacant? That may...
View ArticleDrunk — and Disabled?
Under the Americans with Disabilities Act and the Americans with Disabilities Amendments Act, alcoholism is a disability. However, an alcoholic can be held to the same standards as other workers. He...
View ArticleDrug Testing Raises Its Head
Once a hot employment law issue, drug testing has been cool for quite some time. Most courts, including the U.S. Supreme Court, have ruled that there’s nothing wrong with testing for unlawful drugs,...
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