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.
The state of Washington has weighed in on the debate as to whether obesity is a disability under disability discrimination laws.
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.
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.
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?