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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.

Benchmarks: Employee may be late for work, N.Y. court says 

By: Pat Murphy
Published: March 5, 2013

Tags: AMERICANS WITH DISABILITIES ACT, reasonable accommodation

A federal court decided yesterday that an employer may have violated federal discrimination law for having the audacity to require an employee to show up for work on time.

I guess next we’ll learn that it’s illegal to force an employee to actually work at work.

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.

ADA may require state to bend existing law 

Published: February 8, 2013

Tags: ADA, AMERICANS WITH DISABILITIES ACT, disability benefits, preemption

Federal disability discrimination law may require a state agency to deviate from state law in order to accommodate a mentally ill individual’s claim for benefits, the 2nd U.S. Circuit Court of Appeals has ruled in reversing a dismissal.

Supreme Court asked to ‘transform’ class actions in Disney case 

Published: January 23, 2013

Tags: ADA, AMERICANS WITH DISABILITIES ACT, civil rights, class actions, disability rights, Disability Rights Advocates for Technology, Inc. v. Dukes, Segway, U.S. Supreme Court, Wal- Mart Stores, Walt Disney World

A disability rights organization has asked the U.S. Supreme Court to review a class action settlement that bars Segway vehicles from Walt Disney theme parks and hotels.

Med school may have violated deaf student’s rights 

Published: January 18, 2013

Tags: ADA, AMERICANS WITH DISABILITIES ACT, civil rights, disability discrimination

A medical school may have violated the Americans with Disabilities Act by refusing to provide a deaf student with auxiliary aids to assist him in overcoming his hearing impairment, the 8th Circuit has ruled in reversing a summary judgment.