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ADA Amendments — What Difference Will They Make If They Become Law? (Part III)
We continue our series on legislation to amend the Americans with Disabilities Act (ADA) by examining how the the ADA Amendments Act of 2008 (“ADAAA”), would change the impact of mitigating measures such as prostheses and medication on the determination of whether an individual has a disability for ADA purposes.
Part II: ADA Amendments — What Difference Will They Make If They Become Law?
In a previous post, we began this series with a brief introduction to the ADA Amendments Act of 2008 (“ADAAA”), passed by the House at the end of June. In this post, we continue the series by examining how the ADAAA would alter the substantial-limitation-of-major-life-activities element of the ADA’s definition of disability.
House Widely Approves ADA Amendments, But What Difference Will They Make If They Become Law?
On June 25, the House of Representatives passed an act amending the Americans With Disability Act (”ADA”). As compromise legislation approved by important business groups who had opposed a previous version, it stands a good chance of becoming law.
Does the ADA (Americans With Disabilities Act) Need “Restoration”?
A proposed “ADA Restoration Act,” that would vastly expand the definition of “disability” under the Americans With Disabilities Act (”ADA”). It’s a bad idea, says the Society for Human Resources Management (”SHRM”).
Basic ADA mistake leads to $2.2 Million Settlement
A recent settlement between the EEOC and JPMorgan Chase & Co. illustrates some basic points about the Americans with Disabilities Act (ADA) in the context of one of the most common — and difficult — situations: a lengthy employee medical leave of absence.
In this case, Morgan’s Bank One Corporation had the following policy:
Employees who returned [...]
What Happens When an Employee Has Cancer?
One of the few pleasures of my daily commute is catching Marketplace on my local NPR station on the drive home (assuming I can leave by 6:00).
This evening, I caught a story about employees with cancer — and how employers deal with it.
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Workplace Accommodations Report: They Are Worth It!
In a recent study of workplace accommodations, some interesting findings were reported.
Study participants were companies who had contacted the Job Accommodation Network (JAN), which is an excellent source of information on reasonable accommodations for those with disabilities.
The study came up with several basic conclusions about company-provided accommodations, some of which include:
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Jury Awards 6.5 Million to Employee With Panic Disorder
This just in: An employee with panic disorder who was denied a job promotion won a big multi-million dollar disability discrimination verdict.
He successfully did his job as a county Human Services Department health care case worker for almost 14 years.
His panic disorder involved a fear of public places and his suit claimed the county failed [...]
Court Upholds ADA Verdict Against UPS in Psychiatric Disability Case
A few weeks ago, the Eighth Circuit affirmed a jury verdict against UPS on an ADA reasonable accommodation claim by a manager with depression, anxiety, and obsessive-compulsive disorders.
This disability discrimination case caught my attention for a number of reasons.
First, it presents an example of a plaintiff managing to establish both that he is disabled enough [...]
ADA and Work Tardiness: Is Coming to Work Late a Reasonable Accommodation?
I don’t know how often this has come up in your organization, but schedule changes are likely to become increasingly common reasonable accommodations for people with disabilities.
The question is: are they legally required? What do you think?
In this court case involving a request for coming to work at a later time:
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HR/Employment Blogosphere Update for December 12, 2005
Hopefully, this week’s update brings a little something for everyone, starting with this delightful winter photo entitled “A Snow Angel.”
This great pic attracted many comments on flickr, including: “It brings me right back to being a small child bundled up in a huge snowsuit and being incredibly excited about the snow” and “It [...]
Wal-Mart in the News — a Lot!
Recently there has been a fascinating string of Wal-Mart news, much of it employment-related.
I’m not just gratuitously piling on the beat-up-Wal-Mart heap here. Wal-Mart is important — and bears watching — for a number of reasons.
First, Wal-Mart Stores, Inc. is the largest private employer in the United States, Mexico and Canada, holding [...]
HR/Employment Blogosphere Update for October 1-26, 2005
I’ve been so busy switching to the new format and keeping up with the “Our Recent Reading” page that I’ve neglected to do this update for over a month. (New readers: I had been doing it weekly, publishing on Monday, and it was a popular feature of this Blawg.)
So here comes a [...]
New EEOC Guidance on ADA “Association” Discrimination
The EEOC has issued a Q-and-A document about a provision of the Americans with Disabilities Act (ADA) that protects applicants and employees from discrimination based on their association with people with disabilities.
The press release explains:
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