Los Angeles and San Francisco are embroiled in a legal dispute revolving around a law firm that has allegedly been targeting small businesses with boilerplate ‘shakedown’ suits. The cities claim that these suits are dressed up as disability access cases and are looking to a state appeals court to help fight back. The target of…
A pressing deadline looms for businesses and non-profits in Ontario. Those with a headcount of 20 or more have until December 31, 2023, to file their Accessibility Compliance Report with the Ministry for Seniors and Accessibility (the Ministry) or face potential penalties. Provided by Blake, Cassels & Graydon LLP, the news stresses the importance of…
The holiday season always brings a hive of activity to the retail sector, with stores often staying open longer to accommodate increased shopping traffic. Consequently, this period can be particularly challenging for retail workers who have to manage bigger crowds and customers who are more tense than usual. With that in mind, retail employers need…
In a significant move, the United States Supreme Court rejected the chance to review a relevant Fourth Circuit decision on November 6, 2023. This decision involved an ADA accommodation case, Hannah v. UPS, No. 21-1647 that had initially been dated July 10, 2023. In this case, summary judgment was affirmed for the employer. The Fourth…
In recent legal developments, protections for employees under the Americans with Disabilities Act (ADA) and Family and Medical Leave Act (FMLA) in cases of alleged discrimination and retaliation may be limited, according to a legal commentary on JD Supra. Two key takeaways from the discussed legal decisions are particularly worth noting. First, resolved medical conditions…
In a recent study, the startling information has emerged that nearly 800,000 deaths in America each year can be attributed to diagnostic errors. These errors include an array of irreversible damages, such as brain damage, blindness, and loss of limbs or organs, among others. The same study also revealed that another 424,000 people sustain permanent…
In a recent statement, the U.S. Equal Employment Opportunity Commission (EEOC) has announced the conclusion of a disability discrimination lawsuit involving Citizens Bank, N.A. The bank, under the settlement, will proceed with a series of company-wide policy changes and make a payment of $100,000 to a former employee working out of its Cranston, Rhode Island…
In a recent legal development, the United States Court of Appeals for the First Circuit has affirmed the dismissal of a lawsuit by the United States District Court for the District of Massachusetts. The lawsuit was initiated by a teacher against her former employer, Austin Preparatory School (“Austin Prep”), claiming violations of the Americans with…
The WellLife Network, Inc. (“WellLife”) has reported a data breach, notifying its patients that sensitive personal and health information was accessed by an unauthorized party, according to a notice filed on November 6, 2023, with the U.S. Department of Health and Human Services Office for Civil Rights. As stated in the notice, the breach impacted…
Papa John’s Pizza, an international pizza restaurant chain based in Louisville, Kentucky, has agreed to pay a sum of $175,000 to resolve a disability discrimination lawsuit, according to a recent announcement by the U.S. Equal Employment Opportunity Commission (EEOC). The allegation laid against the pizza chain involved the unreasonable failure to accommodate a blind employee…
With the Covid-19 pandemic becoming a less immediate concern globally, numerous companies are rethinking their remote work policies. Many corporations are mandating a return to office-based work, suggesting a return to a work routine similar to the one dominant prior to the pandemic. Resuming work in the office can foster innovation and collaboration, which consequently…
The US Court of Appeals for the Eleventh Circuit recently reinstated a case that alleges a Florida school district failed to uphold disabled students’ legal right to free and appropriate public education. The plaintiff’s rights under both the Individuals with Disabilities Act (IDEA) and Americans with Disabilities Act (ADA) were reportedly ignored. Originally, a US…
The State Bar of California is taking major steps to reform the traditional path to practising law in the state with the introduction of a new pilot program that could provide an alternative path for aspiring attorneys. This novel scheme could potentially bypass the need for law students to pass the Bar exam, a traditionally…
Repercussions of the COVID-19 pandemic have been felt deeply across many professional fields. One of the major shifts observed is the move to remote work and learning. However, a new argument has surfaced indicating that for some professions, like teaching, in-person presence may be an essential job function under the Americans with Disabilities Act (ADA)….
In a recent case causing ripples in corporate legal departments, the issue of accommodating service dogs in the workplace has been brought to the fore, encapsulating the balance employers must strike between adhering to regulations under the Americans with Disabilities Act (ADA) and considering the reactions and potential health impacts on other employees. The case…
Attention to all Ontario employers! This is a timely reminder about an important duty you have regarding accessibility compliance reports. According to JD Supra, it’s crucial to remember that, as an employer operating in Ontario, you have until December 31, 2023 to file those reports. This filing requirement comes under the Accessibility for Ontarians with…
In a recent development, the California Bar has given the go-ahead to modifications aimed at improving the testing experience for individuals with disabilities. This hard-won proposal, which is the result of a multi-year campaign to broaden the pool of potential lawyers and judges, finally obtained its unanimous approval at the Board of Trustees meeting last…
In an ongoing legal case considering the Family and Medical Leave Act (FMLA), Gina Magwood’s appeal is under scrutiny in the US Court of Appeals for the Eleventh Circuit. Magwood, a former corporate office assistant, alleges that her termination followed a period of medical leave which she took to manage anxiety. Central to the case…
The California Office of Environmental Health Hazard Assessment (OEHHA), in its latest endeavor, has proposed amending the “short form” warning provisions of Proposition 65, marking its third attempt. Proposition 65 is a key consumer protection statute enforced widely throughout the state. The agency presented this proposal on October 27th, aiming to bring significant changes to…
In a move that has significant implications for various stakeholders, the Department of Health and Human Services (DHHS) has introduced a new rule regarding Section 504 of the Rehabilitation Act of 1973. Section 504 has always played a crucial role in ensuring equal access to necessary healthcare and social services for all individuals, regardless of…
Navigating the return to physical offices in a world still grappling with COVID-19 is a significant concern for many corporations and law firms. Reports of resistance from employees, who have grown accustomed to working remotely, are multiplying. JD Supra investigates this new wave of office reluctance and how employers can manage, particularly when faced with…
In legal developments regarding the workplace and disability accommodation, an insightful case titled Wingra Redi-Mix v. LIRC highlights how the process may not always be straightforward. For a portion of professionals specializing in disability law and corporate law, this case may provide a useful resource in understanding the nuances of work-related disability accommodations. As per…
A recent case in which a U.S. federal appeals court had to determine whether a Texas pharmacy’s management created a hostile work environment for an employee with asthma has faced significant scrutiny. The employee had requested permission to wear a mask to protect themselves against Covid-19, only to be subsequently berated and insulted. The appeal…
The Equal Employment Opportunity Commission (EEOC) is set to rekindle a lawsuit against a Texas pharmacy, alleging that the pharmacy penalized, humiliated, and threatened an asthmatic employee for desiring to wear a mask in the early days of the Covid-19 pandemic. The case stands as a testament to the evolving legal landscape surrounding workplace safety…
Legal professionals should take note of new developments involving Weis Markets, Inc., a grocery store chain with wide prevalence throughout the Mid-Atlantic and headquartered in Sunbury, Pennsylvania. A recent lawsuit filed by the U.S. Equal Employment Opportunity Commission (EEOC) accuses the grocery chain of not only subjecting an employee to sexual harassment but also allegedly…