New rules offer bigger rewards for workplace wellness programs 
By:
Sylvia Hsieh
Published: June 7, 2013
Tags: ADA, Affordable Care Act, EEOC, GINA, HIPAA, wellness programs
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.
Employee could pursue ADA claim despite Chapter 13 bankruptcy
Published: May 21, 2013
Tags: ADA, AMERICANS WITH DISABILITIES ACT, CHAPTER 13, disability discrimination, standing
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.
Employer didn’t violate ADA by demanding mental exam
Published: May 14, 2013
Tags: ADA, AMERICANS WITH DISABILITIES ACT, medical examination, mental fitness exam
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.
ADA fees could be cut based on lawyer’s inexperience
Published: May 13, 2013
Tags: ADA, AMERICANS WITH DISABILITIES ACT, attorney fees
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.
Benchmarks: Coca-Cola could require employee to undergo mental exam
By:
Pat Murphy
Published: May 13, 2013
Tags: ADA, AMERICANS WITH DISABILITIES ACT, medical exam, mental examination, workplace safety
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.
Airline passenger’s injury claims aren’t preempted
Published: March 15, 2013
Tags: ADA, Air Carrier Access Act, AMERICANS WITH DISABILITIES ACT, disability discrimination, preemption
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.
Worker may have right to late start time under ADA
Published: March 8, 2013
Tags: ADA, AMERICANS WITH DISABILITIES ACT, disability discrimination
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.
Lawyers find ADA circuit split hard to accommodate
By:
Kimberly Atkins
Published: March 6, 2013
Tags: ADA, ADA Amendments Act, Circuit Breaker, disability discrimination
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?
Nurse who defied order can still sue under ADA
By:
Eric T. Berkman
Published: February 26, 2013
Tags: ADA, Americans with Disability Act, disability discrimination, reasonable accommodation, retaliation
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.
DOJ settlement over food allergy sets the table for future actions
By:
Correy Stephenson
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.
