Archives: Americans with Disability Act

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Seventh Circuit:  ADA Does Not Prohibit Discrimination Based on Future Impairments (US)

On October 29, 2019, railway operator Burlington Northern Santa Fe Railway Company (“BNSF”) prevailed before the United States Court of Appeals for the Seventh Circuit – which covers Illinois, Indiana, and Wisconsin – in a case in which the company argued that its refusal to hire an obese candidate due to an unacceptably high risk that … Continue Reading

US Supreme Court Leaves Standards of Website Accessibility Ambiguous, Vexing Businesses

Employers already are (or should be) familiar with their obligations not to discriminate against and to reasonably accommodate employees and applicants with disabilities under the Americans with Disabilities Act (“ADA”), which requirements are addressed in Title I of the ADA.  But the ADA also imposes additional non-employment obligations on governments and municipalities (Title II) and … Continue Reading

Don’t Stress – Anxiety May Not Always Be A Disability Under the ADA (US)

On October 22, 2019, a Tennessee federal district court dismissed a disability discrimination lawsuit filed by the U.S. Equal Employment Opportunity Commission (“EEOC”) under the Americans with Disabilities Act (“ADA”) against West Meade Place LLP (“WMP”), a skilled nursing facility, after finding on summary judgment that the EEOC failed to establish that former WMP employee … Continue Reading

Ninth Circuit Issues Decision Clarifying Businesses Obligations to Persons with Disabilities (US)

Many employers are familiar with Title I of the Americans with Disabilities Act (ADA), which sets forth employers’ obligations to disabled applicants and employees, but the ADA also imposes obligations on businesses that are places of public accommodation – and nearly all are – with respect to their patrons. A recent Ninth Circuit appellate decision, … Continue Reading

Obesity Continues to Divide Courts: Washington’s High Court Says Obesity Qualifies as an Impairment (US)

As we previously discussed here and here, courts are split regarding the extent to which obesity qualifies as a disability under the Americans with Disabilities Act (“ADA”). The Second, Sixth, Seventh and Eighth Circuit Courts of Appeal have held that obesity must be accompanied by an underlying physiological disorder for it to constitute a disability, … Continue Reading

Seventh Circuit: Obesity Alone Is Not A Disability Under the ADA (US)

As we previously reported here, the issue of whether obesity is a legally-protected impairment is complex, and jurisdictions differ on the extent to which they consider obesity to be a disability under the Americans with Disabilities Act (“ADA”).  On June 12, 2019, the United States Court of Appeals for the Seventh Circuit joined the Second, … Continue Reading

Does Obesity Qualify as a Disability Under the ADA? – It Depends on Who You Ask (US)

According to the most recent data from the Center for Disease Control, more than one-third of American adults are obese.  A person is considered obese when their weight is higher than what is considered as a healthy weight for a given height.  With obesity impacting such a large portion of the American public, employers are … Continue Reading

Ninth and Eleventh Circuits: Reporting To Work Impaired, Failing Drug Test, And Failing To Request Accommodation Doom Employees’ ADA Discrimination Lawsuits

As most readers of this blog are aware, the Americans with Disabilities Act (“ADA”) and analogous state laws prohibit employers from discriminating against qualified employees (and applicants) based on known physical or mental disabilities, and also require employers to provide those employees with reasonable accommodations for their disabilities.  Although broad in their protections, these laws … Continue Reading

Healthcare Worker’s Vaccine Refusal Not Immunized by Americans with Disabilities Act (US)

On December 7, 2018, a three-judge panel of the U.S. Court of Appeals for the Eighth Circuit unanimously held in Hustvet v. Allina Health System that an employer did not unlawfully terminate an employee who refused to receive a rubella vaccination.  The plaintiff, a healthcare specialist working with potentially vulnerable patients, requested an accommodation exempting … Continue Reading

Three New State Laws Legalize Marijuana Use, Sparking More Confusion and Igniting Further Conflict With Federal Law (US)

The mid-term elections are still on people’s minds, as recounts and run-offs for federal congressional and state gubernatorial candidates are finally wrapping up.  Meanwhile, and largely taking a media-coverage backseat to these high-profile races, many new state initiatives became law as a result of the mid-terms, three which involved legalizing marijuana for recreational or medical … Continue Reading

Arizona Law Aimed at Curbing Service Dog Fraud May Be All Bark, No Bite (US)

Under federal and Arizona state law, persons with disabilities can bring service animals—all breeds of dog and miniature horses—into places of public accommodation (businesses open to the public) even if the business otherwise excludes pets. No specific training or certification program is required to qualify as a service animal, nor are such animals required to … Continue Reading

Measure Aimed At Reducing Frivolous ADA Public Accommodation Suits Passes House (US)

On February 15, 2018, the United States House of Representatives voted in favor of adopting the ADA Education and Reform Act of 2017, H.R. 620, which, if approved by the Senate and signed into law, would amend the Americans with Disabilities Act (“ADA”). Title III of the ADA (“Title III”) requires “places of public accommodation” … Continue Reading

“One-Size-Fits-All” Return-To-Work Policies Cause An Extra Large Problem For Major US Airline

On November 3, 2017, the Equal Employment Opportunity Commission (“EEOC”) filed a lawsuit against a major United States airline, alleging the company maintained policies that violated the Americans with Disabilities Act (“ADA”), and inked a $9.8 million settlement deal with the company the same day. The EEOC alleged that the company maintained a “100% return … Continue Reading

Federal Court Holds a Full Trial on Issue of Website Accessibility to Visually Impaired Users

A U.S. District Court for the Southern District of Florida has held that Title III of the ADA, applicable to “Public Accommodations” applies to the Winn-Dixie Companies’ website, finding that the company has an obligation to make their website accessible by individuals with disabilities who use computers, laptops, tablets and smart phones. The policy must … Continue Reading
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