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Articles Posted in Disability

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Can Requiring an Employee to Attend Counseling Be Discrimination?

When an employer believes an employee may have mental health concerns, requiring counseling as a condition of continued employment can create serious legal risk. And after a 2024 Supreme Court decision lowered the legal bar for what counts as an “adverse action,” that choice could be a fast track to…

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Retaliation Under State vs. Federal Law: Why Some States Might Give Employees an Edge

When it comes to workplace retaliation, the difference between winning and losing can hinge on whether you are in state court or federal court. A recent New Jersey appellate decision reinforces that state anti-discrimination laws may not just mirror federal law – in some ways, they can give employees broader…

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When Your Spouse Is Ill, What Does the ADA Really Protect?

  A new Eleventh Circuit decision shows just how limited associational disability discrimination claims can be. TL;DR: A deputy warden sued after being passed over for promotion, alleging her husband’s serious illness led to discrimination. The Eleventh Circuit rejected her ADA claim, emphasizing that associational disability claims require a strong…

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A trucking company rejected a deaf driver and got hit with a $36 million verdict—here’s what employers can learn.

  When a trucking company told a deaf applicant, “No, I’m sorry, we can’t hire you because of your deafness,” it wasn’t just a bad look—it was a multimillion-dollar ADA violation. The jury awarded $36 million (later capped), and the appeals court backed it up. TL;DR: A trucking company refused…

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Requesting an Accommodation Shouldn’t Be a Black Box

  An employee requested a medical exemption from a workplace policy but refused to provide adequate documentation or let her provider clarify her condition. A federal appeals court found that was enough to end the interactive process—and the employer’s obligation. TL;DR: A recent Fourth Circuit decision confirms that the ADA’s…

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SCOTUS to Retirees: You Can’t Spell ADA Without a J-O-B

The ADA bars discrimination against employees with disabilities. But what if the discrimination doesn’t happen until after the employee retires? According to the Supreme Court, the ADA doesn’t follow you into retirement. TL;DR: A firefighter who retired early due to disability sued under the ADA after her post-retirement health coverage…

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Disclosed Menstrual Pain. Denied the Job. Now They’re Paying $48K to the EEOC.

A job candidate allegedly asked to reschedule an interview due to severe menstrual symptoms. She didn’t get the job. But she did get the EEOC’s attention—and a settlement. TL;DR: The EEOC alleged that a national fitness company violated the ADA and Title VII when it rejected a female applicant after…