There has been a lot of discussion over the last year about whether transgender employees are protected against sex discrimination under Title VII—but what about against disability discrimination under the Americans with Disabilities Act (ADA)? Maybe. In Kate Lynn Blatt v. Cabela’s Retails, Inc., a federal district court in Pennsylvania has ruled that
Needle and the Damage Done: Pharmacist’s Phobia Not Enough for ADA Claim
Can fear of an aspect of your job constitute a disability under the ADA? Depends on how essential the function is. In Stevens v. Rite Aid Corp, the Second Circuit Court of Appeals looked at the case of a Rite Aid pharmacist, Christopher Stevens, who suffered from trypanophobia—-fear of needles.
Factual Background.
In 2011,
Sign of the Times: EEOC Settles Case of Employer Failing to Provide ASL Interpreter for Job Interview
A deaf person applies for a job and the employee who takes applications asks you “how can a deaf person do this job?” What if an essential function of the job requires interaction with the public or the ability to communicate with team members or to respond to an audible safety warning? Be careful—take a
When to Say When? Fifth Circuit Rules on When an Accommodation Isn’t Working
In a published opinion, the Fifth Circuit has held that an employee’s poor performance in a light-duty position can relieve the employer from any further obligation to find a reasonable accommodation under the Americans with Disabilities Act (ADA). This opinion highlights the importance of the interactive process, and emphasizes that both the employer and the
Happy Birthday ADA and How We Can Celebrate
The Americans with Disabilities Act (ADA) is 25 years old this year. I was a newly minted lawyer when this law emerged in 1990 and as I have grown, so have the number of disability discrimination lawsuits. In celebration of the ADA’s birthday, I thought we could celebrate with a quick review of an employer’s
Are We Being Punked? EEOC Files Disability Discrimination Claim Against Disability Services Provider
The EEOC has filed a lawsuit (EEOC v. ValleyLife, Civil Action No. 2:15-cv-00340-GMS) under the Americans with Disabilities Act (ADA) against ValleyLife, a disability support services company in Arizona, claiming that ValleyLife has failed to reasonably accommodate its employees with disabilities. According to the complaint, ValleyLife had a policy under which an employee
Don’t Forget That 12 Weeks Really Doesn’t Mean 12 Weeks
I frequently receive calls from clients involving an employee who is about to use up all of his available medical leave (FMLA or otherwise), but who has little chance of returning to work anytime soon. Many times, the employee has some sort of condition that the doctors cannot quite figure out or has a workplace