There are three types of disabilities under the Americans with Disabilities Act:
- a physical or mental impairment that substantially limits one or more major life activities (an “actual disability”), or
- a record of a physical or mental impairment that substantially limited a major life activity (“record of”), or
- an actual or perceived impairment that is not both transitory and minor (“regarded as”).
It’s the “regarded as” prong that I’m going to address today with a little help from the EEOC and Yo Gabba Gabba. Continue reading
Yesterday, at approximately 5:18 PM EDT, all of the associates at my law firm received the same email. It was from one of my partners, encouraging them to sign up to receive daily updates to this blog via email.
“You will learn something from him nearly every day of the week,” wrote my partner.
So, let’s see if we can teach them something — something, other than Eric knows how to make one hella-creepy selfie saltbae gif.
Do employee-leave issues and ACA woes have you feeling like this?
Well, next month, my friends at Kistler Tiffany and I have got your back. We’re presenting two free, live seminars to help you tackle your ACA, ADA, and FMLA issues.
- The first will be on Wednesday, May 10, 2017 from 9:30 AM to 11:30 AM in Berwyn, PA.
Earlier this year, Philadelphia passed a law banning employers from asking about a job applicant’s salary history. In that blog post, I foreshadowed a possible lawsuit from business groups to block the law, which would otherwise take effect on May 23.
The trailblazing Seventh Circuit Court of Appeals achieved a monumental result. And it only took 53 years after the enactment of Title VII of the Civil Right Act of 1964.
Below, I have a breakdown of yesterday’s historic decision in Hively v. Ivy Tech Community College.
The biggest impact on employers, when the Americans with Disabilities Act Amendments Act took effect on January 1, 2009, was to downplay whether an employee actually had a disability, and get businesses focusing more on whether there existing a reasonable accommodation that would permit an employee to perform the essential functions of the job.
Many management-side employment lawyers joked that, under the ADAAA, everyone had a disability. That’s how easy it was to establish.
Well, except maybe a cleft palate.