Tag Archives: ada

Emails Become an Expensive Sideshow in Employment Discrimination Lawsuits

A recent employment discrimination lawsuit underscores the importance employers must place on preserving and producing electronic evidence. As explained below, the employer lost an opportunity to avoid significant costs associated with searching and recovering emails. Specifically, in Wagoner v. Lewis Gale Med. (7/13/16), the plaintiff sued his former employer Lewis Gale Medical Center LLC for … Continue Reading

New Guidance for Employers on When Leave is an ADA Accommodation

In non-North Carolina bathroom news, the Equal Employment Opportunity Commission (EEOC) issued this past week a resource document concerning the Americans with Disabilities Act (ADA). More specifically, this document addresses the use of employer-provided leave as an accommodation under the ADA. The intent of the EEOC’s resource document is to provide general information to employers and employees … Continue Reading

“Reasonable Accommodations” and “Undue Hardship” Defenses – It Comes Down to Money

A recent case involving the Americans with Disabilities Act offers employers an opportunity to consider two frequent issues under this statute: What is a reasonable accommodation and what must an employer show to establish an “undue hardship” defense to providing such an accommodation. The case, Searls v. Johns Hopkins Hosp. (1-21-16), resulted in the U.S. … Continue Reading

Key to Successfully Assessing ADA Accommodations Starts with Individualized Inquiry

An area under the Americans with Disabilities Act that can be problematic for employers and employees alike concerns conducting the individualized inquiry that is required to determine if an employee’s disability or another condition disqualifies the employee from a particular position. This issue recently played out in a federal district court case of (Siewertsen v Worthington … Continue Reading

Is Telecommuting a Reasonable Accommodation Under the Americans with Disabilities Act?

Michigan employers dodged a bullet (sort of) on when it comes to whether telecommuting must be considered as a reasonable accommodation under the Americans with Disabilities Act (ADA). Specifically, in a “judicial do-over,” the full Sixth Circuit Court of Appeals in EEOC v. Ford revisited a prior decision (previously discussed here) that had concluded that employers may … Continue Reading

Michigan Employers Must Consider Telecommuting as a Reasonable Accommodation

Under a recent federal court ruling, Michigan employers must be prepared to consider telecommuting as a reasonable accommodation under the Americans with Disabilities Act (ADA) for an employee under a 4/22/2014 court ruling.   Specifically, Jane Harris was terminated from her position as a resale steel buyer at Ford Motor Co. This termination occurred shortly after she asked to telecommute … Continue Reading

Changing the Classification of Medical Marijuana: What it Could Mean for Employers and Employees.

The issue of how marijuana should be classified is set to be heard by a three-judge panel of the U.S. Court of Appeals for the District of Columbia Circuit next week. This issue is important for employers and employees because of the downstream impact it could have in relation to the use of medical marijuana … Continue Reading

Employers May Find it Harder to Defend Against ADA Claims … Or Maybe Not.

It finally happened; This blog noted back in August 2011 that the Sixth Circuit would likely make significant changes in favor of employees bringing claims under the Americans with Disabilities Act (ADA).  On May 25, 2012, the Sixth Circuit Court of Appeals made it official in holding that plaintiff employees bringing claims under the ADA … Continue Reading

Will Employers Face a More Employee-Friendly ADA Litigation Landscape in the Sixth Circuit? Probably.

This blog previously noted that the Sixth Circuit (the federal circuit that includes Michigan, Ohio, Kentucky, and Tennessee) would likely change its standard for analyzing claims under the Americans with Disabilities Act (ADA) from a stricter standard to a less demanding standard that favors employees. Americans with Disabilities Act: The Times They are (likely) a Changin.’  The first … Continue Reading

Another Perspective on the ADA: Assisting Qualified Individuals to Help Employers Remain Competitive

On May 24, 2011, the Americans with Disabilities Act Amendments went into effect, which were the result of the 2008 ADA Amendments Act signed into law by President Bush.  Without question, the ADA Amendments make it easier for individuals to establish coverage. In fact, Congress overturned several U.S. Supreme Court decisions that had narrowly interpreted the … Continue Reading

A Road Map for Responding to Requests for Accommodations under the Americans with Disability Act

A common issue under the Americans with Disabilities Act concerns asking for and responding to a request for a reasonable accommodation. It is important for employers to understand their obligations in responding to such a request because under the ADA unlawful discrimination specifically includes “not making reasonable accommodations [for a] qualified individual with a disability…” … Continue Reading

Medical Marijuana & Employment Law: Unanswered Questions For Employers and Employees

Recently a Michigan federal court judge dismissed a case brought by a former Wal-Mart employee of five years and associate of the year in 2008, after he was terminated when a drug test was positive for marihuana. (Reported by Larry Gabriel of the Metrotimes). Mr. Casias had previously registered under Michigan’s statute to use marihuana … Continue Reading

Questions About the ADA Amendments Answered by EEOC Associate Legal Counsel

This past week at Michigan’s 36th Annual Labor and Employment Law Symposium, I attended a break-out session where Peggy Mastroianni, Associate Legal Counsel for the the U.S. Equal Employment Opportunity Commission (EEOC) answered questions and discussed the final regulations to implement the ADA Amendments Act. The ADA Amendments go into effect on May 24, 2011.  … Continue Reading

Americans with Disabilities Act: The Times They are (likely) a Changin’

A panel of the Sixth Circuit Court of Appeals (the federal circuit that includes Michigan, Ohio, Kentucky, and Tennessee) recently gave employers the heads up that The Times They are a Changin,‘ or at least should be, when it comes to the standard for successfully making a claim under the Americans with Disabilities Act (ADA). … Continue Reading
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