Articles Posted in Disability

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The Americans with Disabilities Act makes it unlawful for an employer to discriminate against a qualified applicant or employee with a disability. According to a lawsuit that the U.S. Equal Employment Opportunity Commission filed yesterday, an employer did both.

To the same individual. Continue reading

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I’ve practiced law for over twenty years, mainly as an employment lawyer. In that time, I’ve lost track of the number of times that I’ve counseled employers on their obligations under the Americans with Disabilities Act. Some of those have involved accommodating employees with end-stage renal disease and adjusting work schedules to allow for dialysis appointments.

But, an accommodation request to perform dialysis at work? That’s a new one.

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Yesterday, the U.S. Equal Employment Opportunity Commission released a new technical assistance document called “Visual Disabilities in the Workplace and the Americans with Disabilities Act.”

Sure, you could read all 59 pages of it. Or I can digest it here for you in a few hundred words—your choice. Continue reading

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The Americans with Disabilities Act prohibits discrimination based on a disability concerning employment. That includes refusing to hire someone based on an actual disability, a perceived disability, or a record of disability.

Whether an employer regards a job applicant as having a disability or learns about a record of a disability, an employer cannot lawfully refuse to hire them because they are receiving addiction treatment — even if that means the individual is currently in a methadone maintenance program.

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Yesterday, we discussed how an employee asserting a failure-to-accommodate claim under Title VII must establish that their request for a religious accommodation resulted in an adverse employment action. The same appellate court deciding that case also recently confirmed that the same maxim applies to failure-to-accommodate claims under the Americans with Disabilities Act.

But, there’s a rub. Continue reading

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Near the beginning of the pandemic, an employee in New Jersey reported to work but felt ill; specifically, he felt “cold, clammy, and weak.” After going home, the employer told him not to return until he tested for COVID-19. The next day, the plaintiff went to a free clinic where he obtained a COVID-19 test. While waiting for the results, the employee reported to his employer that he felt better, and offered to return to work, maintaining social distance from others. The employer fired him instead.

Is this disability discrimination? Continue reading

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