There are plenty of good reasons that plaintiff’s lawyers heart the New Jersey Law Against Discrimination (NJLAD). It has a wide scope of coverage for employees with disabilities. It’s remedial purposes are incredibly broad. A plaintiff can go directly to court with a claim under the NJLAD without vetting it…
Look what just arrived in today’s mail. It’s a charge of discrimination from the United States Equal Employment Opportunity Commission. Looks like Robert Rank-And-File — the guy Pennsylvania-New Jersey-Delaware, Inc. fired from data entry — alleges that the company terminated him because he’s disabled. I’ll show you after the jump.…
Can an employer terminate a disabled employee because accommodating the employee would create a significant risk of substantial harm to the employee or others in the workplace? Yes. This is called the “direct threat” defense. To meet its burden, however, the employer must prove the following two elements by a…
The are two classes of plaintiffs who may assert claims under the Americans with Disabilities Act: Those who have a “disability”; and Those who not have a disability but who, nonetheless, are “regarded as” disabled by their employer. We know that a disability is an actual impairment that substantially limits…
As some of you know, I serve as a pro bono mediator for the United States Equal Employment Opportunity Commission. Even though I’ve only been at it for about year, I’m starting to see the same faces. Most of the attorneys know the EEOC-enforced discrimination laws like the back of…
It’s Monday morning. Johnny Lifts-A-Lot, an employee of Pennsylvania-New Jersey-Delaware, Inc. tells his manager that he’s going in for minor back surgery in a week and will have trouble lifting heavy objects for the foreseeable future thereafter. What are Pennsylvania-New Jersey-Delaware, Inc.’s obligations under the Americans with Disabilities Act? Find…