Disabilities – Page 16 – Legal News Feed

JDSupra

EEOC Sues Nonprofit Didlake for ADA Violations, Alleges Discrimination Against Deaf and Hard-of-Hearing Employees

Pieter Gunst3 years ago03 mins

The U.S. Equal Employment Opportunity Commission (EEOC) has filed a lawsuit against nonprofit organization Didlake, Inc., a government contractor known for providing janitorial and maintenance employees to federal worksites across Maryland, Virginia, and Washington, D.C. The nonprofit is charged with violating the Americans with Disabilities Act (ADA). According to the lawsuit, Didlake failed in providing…

JDSupra

Rehabilitation Act at 50: EEOC and Department of Labor Release Guide on Employment Protections for Disabled Individuals

Pieter Gunst3 years ago02 mins

In recognition of the 50th anniversary of the Rehabilitation Act of 1973, the U.S. Equal Employment Opportunity Commission (EEOC) and the U.S. Department of Labor have made public a comprehensive new guide to aid in the recruitment, hiring and employment of individuals with disabilities. The release of this guide emphasizes the commitment of these governmental…

JDSupra

EEOC Sues Voyant Beauty for Alleged ADA Violation Over Deaf Employee Dismissal

Pieter Gunst3 years ago03 mins

In recent legal news, the U.S. Equal Employment Opportunity Commission (EEOC) has launched a lawsuit against Voyant Beauty, LLC. The charge is that the beauty product manufacturer violated the Americans with Disabilities Act (ADA) by discharging an employee due to her deafness. The case highlights the ongoing imperative for companies to uphold their responsibilities under…

JDSupra

Remote Work Not Always a Reasonable ADA Accommodation, Rules Seventh Circuit Court

Pieter Gunst3 years ago03 mins

The future of remote work has been a hot topic amid the pandemic. Recently, a lawsuit based around this very subject reached a pivotal point at the Seventh Circuit Court of Appeals. Involving an employee and a hospital, the case examines whether remote work is always a reasonable accommodation under the Americans with Disabilities Act…

JDSupra

EEOC Lawsuit Against Appliance Factory Raises Questions on Long COVID as Disability

Pieter Gunst3 years ago03 mins

In a recent development, the Equal Employment Opportunity Commission (EEOC) has initiated a lawsuit against A&A Appliance, Inc., also known as Appliance Factory. The Colorado-based corporation, which runs appliance stores across four states, is alleged to have violated federal law by not providing reasonable accommodation to a sales associate suffering from long COVID at its…

Law.com

Illinois Supreme Court Evaluates Law Firm’s Press Release for Potential Breach of Confidentiality Act

Pieter Gunst3 years ago03 mins

During oral arguments on Thursday, the Illinois Supreme Court deliberated whether a press release issued by a Chicago plaintiffs law firm, announcing a $4.2 million jury award in a medical malpractice lawsuit, breached the Mental Health and Developmental Disabilities Confidentiality Act by revealing the specifics of its former client’s mental health diagnoses. The press release…

JDSupra

Midwest Employers Face New ADA Obligations Tied to Employee Transportation Accommodations

Pieter Gunst3 years ago03 mins

In an essential update regarding employment practices and the Americans with Disabilities Act (ADA), an emerging legal shift has been observed in the Midwest United States. Employers working in Indiana, Illinois, and Wisconsin have a new regulation to contend with: accommodating an employee’s transportation issues if they stem from a disability. This new obligation arises…

JDSupra

DOJ Proposes New Accessibility Rules for Government Websites and Third-Party Vendors

Pieter Gunst3 years ago03 mins

In a notable development, the Department of Justice (DOJ) has proposed new accessibility rules for government websites and applications, as well as for third-party vendors working with them. This proposal, if adopted, signifies a considerable shift towards inclusivity and sets a standard for all online interactions with government entities. The new proposal aims to have…

JDSupra

Phoenix Center Faces EEOC Lawsuit Over Alleged Disability Discrimination

Pieter Gunst3 years ago02 mins

The U.S. Equal Employment Opportunity Commission (EEOC) has recently filed a lawsuit against the Phoenix Center Inc., a mental health and substance use recovery center located in Ironton, Ohio. The EEOC alleges that the Phoenix Center violated federal law by practicing various forms of disability discrimination against its employees. According to the charges brought forth…

JDSupra

EEOC Sues Library Hotel: A Wake-Up Call for Compliance with Federal Disability Laws

Pieter Gunst3 years ago03 mins

Following current developments within America’s legal landscape, the U.S. Equal Employment Opportunity Commission (EEOC) has recently lodged a lawsuit against Madison Avenue’s Library Hotel. The Commission levelled serious accusations against the hotel establishment, citing violations of federal disability laws. According to reports, 299 Madison Ave., LLC, operating under the name Library Hotel, allegedly infringed upon…

JDSupra

EEOC Sues Trico Transportation for Alleged Disability Discrimination in Hiring Decision

Pieter Gunst3 years ago03 mins

In a recent development, the U.S. Equal Employment Opportunity Commission (EEOC) has filed a lawsuit against Trico Transportation Services, Inc. The logistics management and specialty hauling company has been accused of violating federal law by declining a job seeker due to his prior history of back pain. The commission alleges that the company wrongfully rescinded…

JDSupra

Navigating the IDEA Act: The Role and Importance of Special Education Advocates

Pieter Gunst3 years ago03 mins

After decades of reporting, one question that never ceases to perplex despite clear legal provisions is whether or not one should hire a special education advocate. The topic continues to provoke engaging debate among legal professionals and major corporations worldwide, stirring brighter focus on the comprehensive law known as The Individuals with Disabilities Education Act…

Law.com

Ninth Circuit Examines California State Bar’s Sovereign Immunity on Disability Claims

Pieter Gunst3 years ago02 mins

The legal relationship between the California state bar and state government is currently being scrutinized by the U.S. Court of Appeals for the Ninth Circuit, an issue that directly influences the outcome of a federal disability-accommodation lawsuit. The relationship between the state bar and the government has broad implications on the question of whether the…

JDSupra

Fired IT Worker Denied Jury Trial in ADA Retaliation Case: 4th Circuit Decision Aligns with Appellate Courts

Pieter Gunst3 years ago03 mins

In a recent ruling, the 4th U.S. Circuit Court of Appeals determined that a fired high-level IT worker, claiming discrimination due to his medical condition, was not entitled to either a jury trial or monetary damages for his retaliation claim under the Americans with Disabilities Act (ADA). The case was instead adjudicated by a bench…

JDSupra

Court Rules Remote Work Unreasonable Accommodation for School Principals under ADA

Pieter Gunst3 years ago03 mins

In a recent court ruling, a school principal’s proposal to work remotely was deemed an unreasonable accommodation under the Americans with Disabilities Act (ADA). The U.S. District Court for the Eastern District of Virginia rejected the argument presented by the principal who sought to work remotely due to asthma and restrictive lung disease. Those conditions…

JDSupra

EEOC Files Lawsuit Against Len Stoler, Inc. for Alleged Disability Discrimination

Pieter Gunst3 years ago03 mins

The U.S. Equal Employment Opportunity Commission (EEOC) has filed a lawsuit against Len Stoler, Inc., alleging disability discrimination. In the lawsuit, the EEOC charges that the Baltimore-area car dealership violated federal law by demoting and subsequently firing an employee due to her disabilities. According to the EEOC’s allegations, the actions taken by Len Stoler, Inc….

JDSupra

EEOC Issues Proposed Rule to Implement Pregnant Workers Fairness Act

Pieter Gunst3 years ago02 mins

On August 11, 2023, the U.S. Equal Employment Opportunity Commission (EEOC) issued a Notice of Proposed Rulemaking (NPRM) to implement the Pregnant Workers Fairness Act (PWFA), as reported by JDSupra. The PWFA, which came into effect on June 27, 2023, ensures reasonable accommodations for pregnant workers, paralleling the protections for disabled workers under the Americans…

JDSupra

Navigating Commuting Accommodations: Uncertainty in ADA Compliance and Its Impact on Employees with Disabilities

Pieter Gunst3 years ago03 mins

In the midst of the ongoing debate around employee accommodations under the Americans with Disabilities Act (“ADA”), one question remains largely unresolved: Are employers required to make commuting accommodations for their employees with disabilities? Recent reviews of federal courts’ records suggest a lack of consensus, particularly regarding the question of what constitutes a reasonable accommodation…

JDSupra

Remote Work as Potential Reasonable Accommodation under ADA

Pieter Gunst3 years ago03 mins

In the ever evolving discussion of working arrangements, an interesting case has been brought to light that intersects with the domain of reasonable accommodations under the Americans with Disabilities Act (ADA). This legislation, as legal professionals will know, mandates employers with 15 or more employees to potentially provide reasonable accommodations that would allow the employee…

JDSupra

Walmart Faces EEOC Lawsuit Over Alleged Disability Discrimination in Employment Practices

Pieter Gunst3 years ago02 mins

The U.S. Equal Employment Opportunity Commission (EEOC) has filed a lawsuit alleging disability discrimination against multinational corporation Walmart, Inc. and its subsidiary, Walmart Stores Arkansas, LLC. According to the EEOC’s official charges, the retail giant violated federal laws by subjecting a nationwide class of employees with disabilities to unlawful testing. Specifically, the EEOC alleges that…

JDSupra

CMS Sets Minimum Staffing Standards for Long-Term Care Facilities Amid Rising Challenges

Pieter Gunst3 years ago02 mins

In a significant move, the Centers for Medicare & Medicaid Services (CMS) released the Minimum Staffing Standards for Long-Term Care (LTC) Facilities, and Medicaid Institutional Payment Transparency Reporting proposed rule on September 1. This mandate was eagerly anticipated, initially projected to be released in the Fiscal Year 2023 Skilled Nurse Facility (SNF) Prospective Payment System…

Law.com

EEOC Alleges Verizon Violated ADA and Civil Rights Act with Unlawful Employment Practices

Pieter Gunst3 years ago02 mins

The U.S. Equal Employment Opportunity Commission (EEOC) has alleged that Verizon Maryland violated federal law. The telecom giant purportedly refused to allow a disabled employee the opportunity to apply for the company’s vacant positions; a conciliatory move to find work that would be compatible with his disability. This claim is made apparent in a filing…

JDSupra

California’s AB 1757 Digital Accessibility Legislation on Hold: Implications for Businesses and Legal Professionals

Pieter Gunst3 years ago02 mins

Concerning recent developments in digital accessibility legislation, California’s Assembly Bill (AB) 1757 that aimed to set a standard for website accessibility for businesses within the state now appears to be on hold. Initially projected to create a wave of lawsuits targeting noncompliant businesses, the bill has been downgraded somewhat in urgency with discussions now resheduled…

Law360

Accessibility Challenges in Public Legal Spaces: The Fight for Inclusive Infrastructure

Pieter Gunst3 years ago02 mins

Legal professionals with disabilities, along with a disability rights advocate in Michigan, recently appealed to a federal judge to sustain their assertions that numerous government buildings, including local courthouses, are not accessible. According to their claims, these individuals face significant difficulties in performing their job functions and accessing public services due to architectural impediments. A…

JDSupra

EEOC Proposes Regulations to Strengthen Pregnant Workers Fairness Act

Pieter Gunst3 years ago03 mins

The Equal Employment Opportunity Commission (EEOC) is proposing new regulations to execute the Pregnant Workers Fairness Act (PWFA), aiming to bridge the current legal gaps and bolster protections for pregnant employees, according to a recent report from JD Supra. The PWFA comes as an effort to supplement the existing protections offered by The Pregnancy Discrimination…