Law and the Workplace

Tag Archives: disability

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

Air Carrier Access Act: Department of Transportation Finalizes New Rules Governing Accessibility of Airline Web Sites and Kiosks

The United States Department of Transportation recently issued a series of final rules geared to improve air travel accessibility for individuals with disabilities as part of its continuing implementation of the Air Carrier Access Act of 1986, 49 U.S.C. 41705. This alert takes a close look at the rules, which go into effect on December … 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

NYC Issues Foreign Language Versions of New Pregnancy & Employment Rights Notice

Proskauer recently issued a client alert on the release of the new pregnancy and employment rights notice in English. Now available on the New York City Commission on Human Rights Web site are foreign language versions of the new notice in Chinese, Haitian Creole, Italian, Korean, Russian, and Spanish. For information on the time and … Continue Reading

The Florida Civil Rights Act Amendment

The Florida Civil Rights Act (“FCRA”) prohibits discrimination in employment based on many protected categories but pregnancy is not expressly listed as one of them.  There has been a split in the Florida District Courts of Appeal as to whether pregnancy is covered under the FCRA.  To resolve the split, the Florida Supreme Court heard … Continue Reading

New York City Issues New Pregnancy & Employment Rights Notice in English, Foreign Language Versions to Follow

Earlier this month, Proskauer issued a client alert on the latest amendment to the New York City Human Rights Law, which expands the protections against discrimination for pregnant employees. For more on the new law, see our prior client alert New York City Expressly Requires Reasonable Accommodation of Pregnant Employees, Adds Notice Obligations. One of … Continue Reading

Employer Must Prove Indefinite Leave Is Undue Hardship Under NYCHRL, Says New York’s Highest Court

The New York State Court of Appeals’ recent holding in Romanello v. Intesa Sanpaolo, 2013 N.Y. LEXIS 2755; 2013 Slip Op 6600 (N.Y. Oct. 10, 2013), now makes it more difficult for employers covered by the New York City Human Rights Law (Administrative Code of City of NY § 8-107[1][a]) (“NYCHRL”) to terminate employees who … Continue Reading

New York City Expressly Requires Reasonable Accommodation of Pregnant Employees, Adds Notice Obligations

On October 2, 2013, New York City Mayor Michael Bloomberg signed Int. No. 974-2012A to amend the New York City Human Rights Law (NYCHRL) by expanding protections against discrimination for pregnant employees. Read this alert to learn more about the amendment, which takes effect on January 30, 2014. Read the full text of this alert.… 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

Rhode Island Laws Extend Paid Benefits to Caregivers

On July 11, 2013, the Governor of Rhode Island signed a new bill into law which will expand the state’s temporary disability insurance program to provide wage replacement benefits to workers who take time off to care for a seriously ill family member. This alert examines the provisions of the new law, which takes effect … Continue Reading
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