Tag Archives: Disability Discrimination

Navigating Differences Under Federal and State Employment Anti-Discrimination Laws

In what should be in the category, “water is wet,” it is unlawful to discriminate against an individual based on disability. Such prohibition applies to both the federal and at the state level. Under federal law, employers have the Americans with Disabilities Act (ADA). Under Michigan law, there is the Persons with Disabilities Civil Rights Act (PWDCRA). … Continue Reading

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

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

Avoiding & Reducing Risks of Sanctions in Employment Litigation

I am presenting a Webinar titled E-discovery Tips for Winning Employment Cases, on May 31, 2012. One of the main problems the presentation addresses is reducing the difficulty employers experience when it comes to meeting their preservation obligations in response to employment litigation. However, with various regulations, record keeping requirements and creative lawyers, this is becoming … 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

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
LexBlog