The new regulations under the Affordable Care Act allow employers to offer bigger rewards for workplace wellness programs that incentivize employees to improve their health, but the rules fail to give guidance on whether such programs could run afoul of federal anti-discrimination laws.
An employee did not lose standing to pursue a federal disability discrimination claim by filing for Chapter 13 bankruptcy, the 4th U.S. Circuit Court of Appeals has ruled in affirming judgment.
An employer didn’t violate the Americans with Disabilities Act when it required an employee to undergo a mental examination after he made threatening comments at work, the 11th U.S. Circuit Court of Appeals has ruled in affirming judgment.
Attorney fees awarded to a disability discrimination plaintiff could be reduced because of the inexperience of her lawyer at the inception of the lawsuit, the Louisiana Supreme Court has ruled in reinstating a 20 percent fee cut.
A federal court of appeals has decided that Coca-Cola didn’t violate the Americans with Disabilities Act when it required an employee to undergo a psychiatric fitness-for-duty evaluation.
Federal law regulating the airline industry does not completely preempt the personal injury claims of a disabled passenger who claimed she didn’t receive the wheelchair assistance she requested, the 9th U.S. Circuit Court of Appeals has ruled in reversing a dismissal.
An employee whose prescription medications left him “sluggish” in the morning may be entitled to a later start time as a reasonable accommodation under the Americans with Disabilities Act, the 2nd U.S. Circuit Court of Appeals has ruled in reversing judgment.
It’s an issue that leaves employment lawyers and their clients scratching their heads: Must an employer reassign a disabled employee to a vacant position that would have otherwise been filled by a competitive process?
A nurse who was fired for insubordination after refusing to carry out an order she felt she could not handle while recovering from a serious injury could sue her employer for retaliation under the Americans with Disabilities Act, the 1st U.S. Circuit Court of Appeals has ruled.
Published: February 8, 2013
Tags: ADA, AMERICANS WITH DISABILITIES ACT, celiac disease, Department of Justice, disability discrimination, DOJ, food allergies, gluten, Lesley University
Does a food allergy constitute a disability under the Americans with Disabilities Act?
According to a recent settlement between Lesley University and the Department of Justice, the answer is: It depends.