Disability Discrimination

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    Title I of the Americans with Disabilities Act (ADA) prohibits discrimination against people with disabilities who are qualified for a job. The ADA covers all private employers with 15 or more employees and covers state and local governments, regardless of the number of employees. In 2008, the ADA Amendments Act (ADAAA) was signed into law and...

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    In the preceding article, we reported on a case in which the court found an employee's evidence wasn't sufficient to support a claim of reverse race discrimination. But in this case, a federal court rejected an employer's request to dismiss a reverse discrimination lawsuit, finding the facts alleged by the employee properly asserted a plausible...
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    A former employee's lawsuit recently survived a motion to dismiss because the employer's positive statements about her during interviews called into question its reasons for firing her. Alleged discrimination In February 2011, Valarie Coates applied for a senior management position at Cooper Health System (CHS). After interviewing her three...
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    An appeals court recently went to great lengths to reinstate a lawsuit against an employer that allegedly ignored work restrictions issued by a physician, failed to completely follow its own attendance policy, and referred to its employee as a "liability" when he requested Family and Medical Leave Act (FMLA) leave. Facts Alan Demyanovich...
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    A federal court in Missouri recently ruled against the U.S. Postal Service (USPS) on its request for dismissal of a disability discrimination lawsuit filed by a letter carrier who walks with a cane. The court determined that comments by the employee's supervisor suggesting that he should apply for disability retirement showed discriminatory intent...
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    The Americans with Disabilities Act (ADA) prohibits discrimination against qualified individuals with disabilities. It also requires that employers provide reasonable accommodations to enable qualified individuals with disabilities to successfully perform the essential functions of their jobs. While that seems clear-cut, court interpretations of...
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    Q We administer a voluntary leave program through which workers can donate paid leave to their colleagues to obtain necessary medical treatment. Recently an employee asked to use the program to seek substance abuse treatment for alcoholism. This isn't the type of treatment we had in mind when we established the program. Are we required to allow...
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    After a civil rights claim is filed with a municipal human rights commission in Iowa, an administrative law judge (ALJ) may conduct a hearing to determine whether the employer acted lawfully. The ALJ's decision is then subject to review by the local human rights commission and the state courts. Read on to learn what the Iowa Court of Appeals...
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    After extending a conditional offer of employment, many employers require prospective employees to undergo medical examinations to assess their "fitness for duty." Problems may arise, however, when an employer decides to rescind a job offer based on information obtained during the medical examination. A Florida employer recently learned that...
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    The U.S. 6th Circuit Court of Appeals recently reversed a federal district court's ruling in a disability discrimination case, finding that whether The Ohio State University (OSU) violated the Americans with Disabilities Act (ADA) and the Rehabilitation Act when it rejected a student's application to the school psychology program was a question...
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