Earlier this week, the US Supreme Court heard oral argument in Acheson Hotels, LLC v. Laufer, a case that’s been widely discussed in many legal circles. The hearing materializes after months of speculation about whether it would indeed take place, with Laufer urging the Court to dismiss the case as moot following the voluntary dismissal…
A core aspect of preserving independence for individuals living with disabilities is ensuring they have viable mobility options. This enables these individuals to carry out a range of necessary daily activities such as visiting the doctor, grocery shopping, and socializing with friends and family. It also fosters a sense of autonomy, hence enriching their quality…
The U.S. Equal Employment Opportunity Commission (EEOC) has recently released a proposed Enforcement Guidance on Harassment in the Workplace. This comprehensive guide has notably become a must-read document amongst legal professionals working in corporate and law firms globally. The newly proposed enforcement guidance aims to address the intricacies of mitigating workplace harassment, building on the…
Last week marked a significant occasion, the 50th anniversary of the Rehabilitation Act. This legislation, a cornerstone of civil rights law, prohibits disability discrimination by federal contractors and other programs that receive federal funding. In recognition of this milestone, the Equal Employment Opportunity Commission (EEOC) and the Department of Labor released a helpful resource guide….
As legal professionals practice in an increasingly complex landscape, being at the forefront of evolving legislation is crucial. This includes pay equity requirements, an issue of growing importance and rapid transformation particularly in the United States. Women, people of color, and individuals with disabilities continue to earn significantly less than non-Hispanic white men for the…
It has been revealed that on Monday, October 2, 2023, the U.S. Equal Employment Opportunity Commission (EEOC) moved forward with plans that could potentially morph the legal landscape of workplace harassment laws. These actions included the publication of a notice of proposed guidance encompassing the enforcement of various laws aimed at curbing harassment in professional…
In a recent event showcasing the ongoing intersection of corporate operations and legal obligations, Albuquerque-based Public Service Company of New Mexico and PNMR Services Co. (together known as PNM) have agreed upon a $750,000 settlement for an employment discrimination lawsuit. As reported, this development has been verified by the U.S. Equal Employment Opportunity Commission (EEOC)….
In a consequential turn, Munster Medical Research Foundation, Inc.—conducting business as Community Hospital—has agreed to pay $158,000 to settle a lawsuit brought forward by the U.S. Equal Employment Opportunity Commission (EEOC). In addition to the monetary settlement, the hospital has agreed to rehire the affected nurse and institute changes to existing policies. Details can be…
The US Supreme Court recently heard oral arguments in the case of Acheson Hotels, LLC v. Laufer. This case seeks clarity on the right of an individual to lodge a suit against a business for failing to provide disability accessibility information, even when the person has no immediate intention of visiting that business. The case…
In the realm of healthcare law, the State of Ohio has significantly broadened legal protections for doctors and other licensed health care professionals, as delineated in the recently passed Ohio Budget Bill, House Bill 33. The new regulations contained in this Bill represent a forward shift in the handling of health professionals dealing with substance…
A group of five Pennsylvania inmates has recently filed a lawsuit against the state’s Department of Corrections and its employees, according to an announcement from the Pennsylvania Institutional Law Project. The lawsuit accuses the Department of causing severe mental health consequences due to the use of solitary confinement in state prisons. The class action lawsuit,…
An intriguing matter involving the Americans with Disabilities Act (ADA) and the concept of “tester standing” is currently under scrutiny at the US Supreme Court. The case revolves around Deborah Laufer, an individual with multiple sclerosis who identifies as a civil rights tester, focusing on identifying hotels with websites that lack information on accessibility. Laufer…
The Department of Justice (DoJ) has published its much-anticipated notice of proposed rulemaking regarding the Americans with Disabilities Act (ADA) on August 4, 2023. The proposed rule is insisting on adopting new standards for the accessibility of web content for public entities, which in this context mainly refers to state and local government authorities falling…
The world of professional sports often intersects with a variety of legal issues, and occasionally we see a story so intrinsically bizarre it is impossible to resist from blogging about it. The scene of this recent event was none other than Citizens Bank Park in Philadelphia, where an emotional support alligator named Wally was barred…
The Equal Employment Opportunity Commission (EEOC) has recently filed a lawsuit against a private school, citing a less well-known element of the Americans with Disabilities Act (ADA). This raises crucial considerations for employers as the ADA also safeguards employees and job applicants who have a connection with an individual with a disability. This case, concerning…
In an important verdict, the Massachusetts Appeals Court ruled in the case of Tufts Medical Center v. Dalexis et. al., that a hospital employer’s insistence on obligatory overtime constitutes a failure to engage in the interactive process. The court held that the hospital discriminated against and constructively discharged a disabled nurse by not exempting her…
The Equal Employment Opportunity Commission (EEOC) has recently presented a proposal for new “Enforcement Guidance on Harassment in the Workplace.” This forthcoming guidance is particularly notable for its provision of detailed elucidations of the standards for harassment and employer liability under a variety of enforced laws. These laws include the Age Discrimination in Employment Act…
In a decision set to provoke some debate among the legal community, a Pennsylvania State Judge’s “unfriendly behavior” toward a diabetic attorney, who had suffered injuries in a car accident, has been deemed not to violate the Americans with Disabilities Act (ADA). The federal judge involved dismissed the attorney’s claim that the state judge’s comments…
In a recent case, Mass General Brigham (MGB), a renowned hospital network in Massachusetts, won against six plaintiffs in an Americans with Disabilities Act (ADA) related dispute. The plaintiffs alleged that MGB violated their rights under the ADA and Civil Rights Act Title VII when it denied their requests for medical exemptions from the COVID-19…
In a recent legal development, a federal judge in West Virginia has ruled in favor of an employer, ND Paper/Fairmont, who dismissed an employee for being untruthful about his medical conditions on his job application. The case has centered around the confidentiality provision of the Americans with Disabilities Act of 1990 (ADA). The employee in…
A recent dispute between a landlord and a disabled tenant sheds light on the legal intricacies within the Fair Housing Act (FHA) and its relation to Section 8 vouchers. Federal law prohibits housing discrimination against persons with disability, requiring landlords to make ‘reasonable accommodations’ to provide equal opportunities for renting or buying a home. This…
The Supreme Court will commence its 2023-24 term on the conventional first Monday in October, with six arguments over five days on topics ranging from federal sentencing laws to voting rights. Live audio of oral arguments will continue to be provided for interested public, indicating the court’s sustained commitment to public accessibility. The new term…
Recent data paints a stark image of the working-age population in the United Kingdom: approximately 23% reported that they were disabled as of January to March 2023. Staggeringly, it is estimated that 70-80% of these disabilities are non-visible, meaning the individuals affected don’t necessarily present symptoms or indications readily noticeable by others. As we approach…
Workplace situations involving disabilities and potential threats are a complex territory that employers often find challenging to navigate. The key legislation that stipulates the rights and protections for disabled employees is the Americans with Disabilities Act (ADA). The ADA mainly prohibits employers from engaging in adverse employment actions prompted by an employee’s disability. According to…
The U.S. Equal Employment Opportunity Commission (EEOC) has filed a lawsuit against National Telecommuting Institute, Inc. (NTI), alleging that the staffing firm violated federal law by refusing to place or refer blind and low-vision applicants for telephone-based customer service positions. This action spotlights the ongoing concern over disability discrimination in hiring practices, especially within industries…