Can you be regarded as disabled based on a potential future disability? In a case just decided by the 11th Circuit Court of Appeals, EEOC v. STME, LLC, the Equal Employment Opportunity Commission (EEOC) espoused precisely this position.
Washington Weighs in on Obesity Discrimination
The state of Washington has weighed in on the debate as to whether obesity is a disability under disability discrimination laws.
Broad Workers’ Compensation Release Agreement Bars Disability Discrimination Claims
The District Court for the Eastern District of Louisiana dismissed an employee’s disability discrimination claims based on a broad release in her workers’ compensation settlement agreement with the employer.
Appellate Courts Agree: Regular Attendance Is Essential Function of Most Jobs
Recent decisions from the 2nd, 5th, and 8th Circuit Courts of Appeals exemplify the growing consensus among courts that even employees with a disability are generally required to comply with company attendance policies.
Tenth Circuit Rules No Adverse Employment Action and No Failure-to-Accommodate Claim
The Americans with Disabilities Act (ADA) includes within its definition of “discriminate,” an employer’s failure to provide a reasonable accommodation to a qualified individual with a disability. But, is a failure to accommodate standing alone — absent an adverse employment action — enough to establish an ADA failure-to-accommodate claim?
DRUG STORE CHAIN TO PAY $180,000 TO SETTLE EEOC DISABILITY SUIT
Drugstore giant Walgreens has agreed to pay $180,000 to a longtime employee with diabetes and to implement revised policies and training to settle a federal disability discrimination lawsuit filed by … Read More
California’s FEHA Puts Burden of Proof on Employee to Show Qualification
California’s Supreme Court has ruled that plaintiffs who claim disability discrimination under California’s Fair Employment and Housing Act (FEHA) must prove they are qualified to perform the job’s essential function, … Read More