Back in the day, it could be difficult for a plaintiff claiming disability discrimination even to prove that they had a disability. Continue reading
To answer that question, I’ll first introduce you to “Jane.” Continue reading
A man walks into a job interview. Continue reading
No.
At least not unless they drive a DeLorean powered by 1.21 gigawatts of electricity that can travel back through time to convert their retroactive request to a prospective one. Continue reading
The Americans with Disabilities Act makes employers responsible for reasonably accommodating individuals with disabilities unless doing so will create undue hardship. However, accommodating employees with disabilities is not a perfect science.
Fortunately, a recent Eighth Circuit Court of Appeals decision provides employers with some helpful tips. Continue reading
Earlier this month, a federal appellate court poked holes in what many considered an infallible employer defense to employee discrimination claims known as the “good-faith belief” doctrine. Continue reading
The U.S. Equal Employment Opportunity Commission recently sued an employer who told an employee to leave on her first day of work shortly after she requested reasonable accommodations for her visual impairments and later fired her the same day after the employee’s advocate offered to pay for accommodations.
Federal circuit courts are split over whether former employees may sue their employers under the ADA for discrimination in the provisions of post-employment benefits. Two say they can; four say they can’t. Yesterday, the Supreme Court agreed to resolve the matter. Continue reading
See what you think of this. Continue reading
The Americans with Disabilities Act requires employers to make reasonable accommodations for a qualified individual with a disability unless doing so will impose an undue hardship on its business. A plaintiff who claims that their employer failed to accommodate them must initially establish that they could perform the position’s essential functions and that the employer refused to provide an accommodation.
Most courts have found that an employer’s good faith attempt to accommodate is insufficient. However, those courts will not impose liability unless the plaintiff establishes an alternative reasonable accommodation. Continue reading
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