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…
Articles Posted in Disability
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…
The Bar for ADA Coverage Is Low, But Not THAT Low
In most ADA cases, the question of whether an employee has a disability isn’t in serious dispute. Courts typically move quickly to focus on accommodations or workplace conduct. But in this case, the court stopped at step one, finding that the employee hadn’t shown he had a disability at…
When Is Extended Leave No Longer a Reasonable Accommodation?
An employee has been out for months. She’s still recovering, still hopeful, and still not ready to come back. How much leave is too much? A recent Fourth Circuit decision shows how courts evaluate the point at which an employer is no longer obligated to wait. TL;DR: The Fourth…
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…
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…
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…
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…
Six Months to Say Yes? Delaying an ADA Accommodation May Be Just as Bad as Denying It.
An Army veteran asked to bring her service dog to work. Her employer took six months to approve it—and that delay may have violated the ADA. TL;DR: A school district took six months to approve a veteran employee’s request to bring her service dog to work. That was too long, according…
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…