Disability

New Jersey: No Adverse Employment Action Required for a Failure to Accommodate Disability Claim

September 17, 2010 | by Eric B. Meyer

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 with a state administrative agency first. A plaintiff can stay out of federal court where the odds of losing on an employment discrimination case on summary judgment are much higher than they are in state court.

As if the plaintiff’s bar didn’t need any further reasons to love the NJLAD.

Well, here’s one more…

Third Circuit Employment Law 101: ADA Mixed-Motive Disparate Impact Claims

September 7, 2010 | by Eric B. Meyer

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.
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Third Circuit Employment Law 101: ADA Defenses – Direct Threat

September 7, 2010 | by Eric B. Meyer

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?

Third Circuit Employment Law 101: “Regarded as” Disabled under the ADA

September 7, 2010 | by Eric B. Meyer

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 one or more major life activities. But “regarded as” disabled?
What’s up with that?!?
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Third Circuit Employment Law 101: Title VII and ADA Damages

September 7, 2010 | by Eric B. Meyer

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 their hand — some even put me to shame. Others, not so much.

So, allow me to break those down for you after the jump.

Third Circuit Employment Law 101: ADA Reasonable Accommodation

September 7, 2010 | by Eric B. Meyer

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 out after the jump.