With so many employees having contracted COVID-19, an important legal question for employers and employees alike is whether COVID-19 is a “disability” within the meaning of the Americans with Disabilities Act (“ADA”). In other words, is COVID-19 the sort of condition for which employees are entitled to reasonable accommodations, such as extended leave, flexible work
NLRB Gives Employers Four More Reasons to Celebrate During the Holidays
Last week the National Labor Relations Board (“NLRB” or the “Board”) continued to correct its course to a more even balance between union and employer interests. It overturned four controversial decisions that had created a great deal of consternation and uncertainty in the employer community. Click here to read the full client alert.
Website ADA Accessibility Lawsuit Dismissed
On March 20, 2017, the United States District Court for the Central District of California granted Defendant Domino’s Pizza LLC’s (“Domino’s”) motion to dismiss an Americans with Disabilities Act (“ADA”) claim related to the accessibility of Domino’s website and mobile application. See Robles v. Domino’s Pizza, LLC, Case 2:16-cv-06599. The District Court ruled that…
EEOC Resource Document Provides a Refresher on Workplace Rights for Individuals with Mental Health Conditions
On Monday, December 12, the Equal Employment Opportunity Commission (EEOC) issued a resource document concerning workplace rights for individuals with mental health conditions under the Americans with Disabilities Act (ADA), entitled “Depression, PTSD, & Other Mental Health Conditions in the Workplace: Your Legal Rights.” This resource document is part of a series of…
Work Restrictions and the ADA: The 7th Circuit Clarifies the Rules, Affirming Summary Judgment for Our Trucking Client
The United States Court of Appeals for the Seventh Circuit recently affirmed a district court’s summary judgment dismissal on behalf of our client, USF Holland. The disability discrimination case involved a truck driver who sought to switch from a city driver to a line-haul driver position based on his claim that he could not perform…
New ADAAA Regulations Take Effect May 24th
The newly released regulations interpreting the Americans with Disabilities Act Amendments Act of 2008 take effect on May 24, 2011. The regulations confirm what most employers already know about the amendments: It is now much easier for a claimant to establish a prima facie case of disability discrimination.
Given the expanded definitions of “disability”, “impairment”…
Legality of Wellness Programs Under the ADA: A Good Development
The federal government has encouraged employers to implement incentive-based wellness programs as one way to cut into ever-growing health care costs. These programs provide financial incentives for employees who participate and, in some cases, achieve certain healthy criteria, such as maintaining a healthy BMI and cholesterol level.
Employers who have taken this route have found themselves…