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.
HIV-positive plaintiff needn’t prove disabled status
Published: April 25, 2013
Tags: disability discrimination, HIV
A plaintiff with HIV was disabled as a matter of law for purposes of suing for discrimination under state civil rights law, the California Court of Appeal has ruled in reversing judgment.
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?
Employee who exhausted pregnancy leave could sue
Published: February 27, 2013
Tags: disability discrimination, pregnancy discrimination
An employee who was fired during a high-risk pregnancy could pursue a discrimination claim, even though her employer had granted her all the pregnancy leave required by state law, the California Court of Appeal has ruled in reversing a dismissal.
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.
New pregnancy rules in effect in California
Published: February 21, 2013
Tags: disability discrimination, post-partum depression, pregnancy, pregnancy discrimination, pregnancy leave, reasonable accommodation
New regulations have gone into effect in California explaining an employer’s duty to provide reasonable accommodations to pregnant workers.
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.
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.
