This article accompanies my general article from today on disability discrimination law. On the important threshold issue of whether an employee is even protected by the ADA, that is controlled by whether the employee has a disability as defined by the ADA. The federal law on that issue is dramatically different before and after 2008, as I explain below, so everyone has to be very careful about relying on law before 2008 for the ADA.
The ADA Amendments Act of 2008 (ADAAA) was enacted to restore and expand protections under the Americans with Disabilities Act of 1990 (ADA) after Supreme Court decisions had significantly narrowed the scope of what qualified as a “disability.” The law took effect on January 1, 2009.
Key Changes Made by the ADAAA
The ADAAA made several critical amendments to the ADA, primarily by broadening the definition of disability and rejecting previous restrictive judicial interpretations. Here are the main changes:
Continue reading The ADA Amendments Act of 2008 →
Disability discrimination in the workplace is an issue that affects both employees and employers. With the Americans with Disabilities Act (ADA) setting the legal framework, businesses must navigate reasonable accommodations while ensuring compliance. Employees, on the other hand, need to understand their rights and what steps to take if they experience discrimination. Let’s break it down.
What Is Disability Discrimination?
Disability discrimination occurs when an employer treats an employee or job applicant unfavorably because of a disability. This can include:
- Refusing to hire a qualified applicant due to a disability.
- Failing to provide reasonable accommodations that would enable an employee to perform essential job functions.
- Wrongfully terminating or demoting an employee based on their disability.
- Harassing an employee due to their disability or medical condition.
The ADA (42 U.S.C. § 12112) prohibits discrimination against qualified individuals with disabilities in all aspects of employment, including hiring, firing, promotions, and job assignments.
Continue reading Workplace Disability Discrimination: Understanding Rights and Employer Obligations →
Life happens—whether it’s the birth of a child, a serious health condition, or the need to care for a sick family member. The Family and Medical Leave Act (FMLA) provides eligible employees with the right to take unpaid, job-protected leave in these situations. But FMLA can be tricky, and both employers and employees need to understand their rights and responsibilities.
What Is FMLA?
The FMLA is a federal law that requires covered employers to provide eligible employees with up to 12 weeks of unpaid leave per year for specific medical and family-related reasons (29 U.S.C. §2612). During this time, employees’ jobs and health benefits are protected.
Covered reasons for FMLA leave include:
- The birth, adoption, or foster placement of a child.
- A serious health condition that prevents an employee from performing essential job duties.
- The need to care for a spouse, child, or parent with a serious health condition.
- Qualifying exigencies related to a family member’s military service.
Additionally, the FMLA provides up to 26 weeks of leave for employees caring for a covered servicemember with a serious injury or illness (29 U.S.C. §2619).
Continue reading The Family and Medical Leave Act (FMLA): What Employers and Employees Need to Know →
The Americans with Disabilities Act (ADA) is a key federal law that protects employees with disabilities from workplace discrimination. But one of the most misunderstood aspects of the ADA is the requirement for reasonable accommodations. Employers sometimes struggle with what’s required, and employees often aren’t sure what they can request. So, let’s break it down.
What Is a Reasonable Accommodation?
A reasonable accommodation is any modification or adjustment that allows an employee with a disability to perform their job duties effectively. These can include:
- Adjusted work schedules or remote work options
- Modified workspaces (e.g., ergonomic chairs, standing desks)
- Assistive technology, such as screen readers
- Reassignment to a vacant position
- Adjusted policies (e.g., allowing a service animal in the workplace)
The key phrase here is reasonable. Employers aren’t required to grant every request—only those that don’t impose an undue hardship (42 U.S.C. §12112(b)(5)).
Continue reading Workplace Accommodations Under the ADA: What Employers and Employees Need to Know →
On March 29, 2017, I will be speaking and presenting an article on “The Perilous Intersection of FMLA and ADA,” at a seminar hosted by Sterling Education Services. The Seminar, “Employment Law: Rights, Benefits, and Emerging Issues,” will take place in Morgantown, West Virginia. If you would like to attend the seminar click here for more information and a registration form.
Here is the agenda for my speech and article:
- FMLA updates
- ADA updates and EEOC guidelines
- Expansion of what can be considered a “disability”
- What constitutes “reasonable accommodation” according to the EEOC
- Discrimination and violations
- Review and update written policies and job descriptions
- Overlap of FMLA and ADA: finding the right balance
I will be speaking (and presenting articles) at a seminar sponsored by Sterling Education Services on October 20, 2010 in Morgantown, West Virginia, entitled “Fundamentals of Employment Law”.
I will be speaking (and presenting articles) on “Sexual, Racial, and Other Harassment in the Workplace” and “ADA and FMLA Update”.
Here is the full agenda, and here is the faculty information. The seminar will provide around 6–8 hours of continuing education credit for lawyers (I don’t know the exact number, but the seminar is a full day).
You can register for the the seminar online. For further information, you can contact Sterling, and their number is 715–855-0498.
Employment Law News and Analysis
