Articles Posted in Disability

Fortunately, the COVID-19 pandemic is waning. Yet, past workplace incidents are now surfacing in court as COVID-19 discrimination lawsuits. A common thread with many of these lawsuits is an employee with COVID-19 who gets fired and claims disability discrimination.

That begs the question: when is COVID-19 a disability under the Americans with Disabilities Act?

I’ll supply a fact pattern. You grab a gavel, black robe, and perhaps one of those white wigs, and we’ll see what you think. Continue reading

The Americans with Disabilities Act has strict rules about the scope and manner of disability-related inquiries and medical examinations of workers. Continue reading

Proving that the U.S. Equal Employment Opportunity Commission doesn’t just enforce anti-discrimination laws on behalf of the “little guy,” the EEOC announced on Monday that it had recovered $250,000 from a company that allegedly terminated its former CFO because of his disability.

Yes, that’s when it happened. Or, at least when the EEOC announced a settlement that it had reached — Happy Valentine’s Day!

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You get a jury trial on an Americans with Disabilities Act claim. Continue reading

In 2020, the U.S. Equal Employment Opportunity Commission sued two employers for terminating a title clerk working at their automobile dealership allegedly over fears that she might have cancer. Continue reading

Here’s a reminder that the duty to accommodate an employee under the Americans with Disabilities Act neither requires providing the employee’s preferred accommodation nor an accommodation that is 100% successful.

Instead, it’s about doing what’s reasonable based on the information available at the time.

I’ll explain. Continue reading