Law and the Workplace

Tag Archives: ADA

Ebola Worries and the Workplace – What Can Employers Do?

With the current Ebola outbreak leading the news, employers may be considering what steps can and should be taken in the event that an employee has recently traveled to an area that is experiencing a significant rate of infection.  First, employers should know that the World Health Organization has stated the “risk of a tourist … Continue Reading

EEOC Takes Aim at Employers with “Voluntary” Wellness Programs Tied to Health Benefit Costs

On Tuesday, the EEOC commenced its second lawsuit in as many months targeting certain employer wellness programs for violating the Americans with Disabilities Act (ADA).  In both of the pending cases, employers are alleged to have maintained wellness programs that required employees to submit to medical examinations (including blood work) and to disclose medical history … Continue Reading

New Guidance from EEOC on Pregnancy Discrimination

On July 14, 2014 the Equal Employment Opportunity Commission (EEOC) issued updated enforcement guidelines accompanied by a question and answer guide on pregnancy discrimination and related workplace issues (“the Guidance”).  This is the first time in over 30 years that the EEOC has provided detailed insight on this subject and its guidance did not come … Continue Reading

New Jersey Court Okays Provision in Job Application Reducing Statute of Limitations

In Rodriguez v. Raymours Furniture Co., Inc., No. A-4329-12T3, 2014 WL 2765273 (App. Div. June 19, 2014), New Jersey’s Appellate Division upheld a provision in a job application that limited the time in which an employee could sue the company to no more than six months after an alleged adverse employment action. This is the … Continue Reading

California District Court Holds Redbox Not Required to Offer Captioning On Its Website, Affirming Ninth Circuit Position that Entities that Purely Exist in Cyber-Space Are Not Places of Public Accommodation Under the ADA

Yet another district court in the Ninth Circuit has affirmed the position that websites with no nexus to traditional brick and mortar places of public accommodation are not in and of themselves places of public accommodation under Title III of the Americans with Disabilities Act (ADA), while also underscoring that Title III does not require … Continue Reading

EEOC Publishes Advisory Letter On Use of Forms In the ADA Interactive Process

Employers seeking to adopt standardized forms relating to the ADA’s interactive process need to familiarize themselves with a recently published EEOC advisory letter commenting on a sample policy, request for accommodation questionnaire, and health care provider questionnaire. While the advisory letter does not provide the exact policy and forms in question, the materials did provide … Continue Reading

Recent SDNY Rulings Provide Insight into the Value of Voluntary Title III Settlement Agreements with Governmental Agencies Against Future Claims

When considering whether to enter into a voluntary settlement agreement with a governmental agency regarding the accessibility a place of public accommodation, clients often ask how much protection is gained against potential future claims brought against the same location by other parties.  A recent series of rulings in a litigation brought under Title III of … Continue Reading

U.S. Department of Justice Increases Civil Penalties For Violations of Title III of the ADA

On March 28, 2014, the U.S. Department of Justice (“DOJ”) issued a Final Rule increasing the amount of civil penalties available for violations of Title III of the Americans with Disabilities Act (“ADA”).  The maximum civil penalty for a first violation of Title III increased from $55,000 to $75,000, with a new maximum for subsequent … Continue Reading

DOJ and National Federation of the Blind Enter Into Consent Decree with H&R Block to Require Website and Mobile Application Accessibility for Individuals with Disabilities

On March 6, 2014, the National Federation of the Blind and the United States Department of Justice (“DOJ”), as a plaintiff-intervenor, entered into a consent decree with HRB Digital LLC and HRB Tax Group, Inc. (collectively, “H&R Block” or “Defendants”) to remedy alleged violations of the Americans with Disabilities Act of 1990 (“ADA”), as asserted … Continue Reading

Broad Definition of “Disability” Endorsed By Fourth Circuit

In its recently published opinion in Summers v. Altarum Institute, Corp., No. 13-1645, decided January 23, 2014, the U.S. Court of Appeals for the Fourth Circuit became the first federal appellate court to hold that a sufficiently severe temporary impairment may constitute a disability under the Americans with Disabilities Act of 1990 by applying the … Continue Reading

DOJ Releases Updated Guidance on Effective Communication

This winter, the United States Department of Justice (“DOJ”) released a new technical assistance guidance (the “Guidance”) elaborating upon the Effective Communication obligations set forth in the regulations governing Titles II and III of the Americans with Disabilities Act and the accompanying 2010 Standards for Accessible Design. The Guidance is available for download from the … Continue Reading

DOJ Releases Updated Guidance on Wheelchairs, Mobility Aids, and Other Power-Driven Mobility Devices

This winter, the United States Department of Justice (“DOJ”) released a new technical assistance guidance (the “Guidance”) regarding Wheelchairs, Mobility Aids, and Other Power-Driven Mobility Devices (“OPDMD”), which elaborates upon the requirements set forth in the regulations governing Titles II (State and Local governments) and III (places of public accommodation) of the Americans with Disabilities … Continue Reading

Okay to Terminate Employee for Violating No-Alcohol Provision of Return to Work Agreement, Says Third Circuit

The U.S. Court of Appeals for the Third Circuit affirmed that an employer may discharge a driver sales representative who suffers from alcoholism for violating a return to work agreement (RWA) that prohibits the use of drugs or alcohol in Ostrowski v. Con-way Freight, Inc., No. 12-3800, 2013 WL 5814131 (3d Cir. Oct. 30, 2013). … Continue Reading

OFCCP Issues Long-Awaited VEVRAA and Section 503 Final Rules

On August 27, 2013, the Office of Federal Contract Compliance Programs (“OFCCP”) released long-awaited Final Rules that substantially impact federal contractor compliance obligations under the Vietnam Era Veterans’ Readjustment Assistance Act, as amended (“VEVRAA”) and Section 503 of the Rehabilitation Act of 1973, as amended (Section 503). VEVRAA and Section 503 Final Rules impose significant … Continue Reading
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