Tag: Americans with Disabilities Act

Justice Department Issues “ADA Update: A Primer for State and Local Governments”

Wednesday, June 24, 2015

The United States Department of Justice (DOJ) has recently issued an update that provides general guidance to assist State and local governments in understanding and complying with the requirements of the Americans with Disabilities Act (ADA). Read More

EEOC Issues Enforcement Guidance on Pregnancy Discrimination

Wednesday, July 16, 2014

On July 14, 2014 the U.S. Equal Employment Opportunity Commission (EEOC) issued an Enforcement Guidance on Pregnancy Discrimination and Related Issues. In this Guidance, the EEOC outlines its views on various pregnancy-related issues, including the scope of the Pregnancy Discrimination Act’s (PDA) coverage (which extends not only to a current pregnancy, but also to past pregnancies and a woman’s potential to become pregnant), the relationship between the PDA and the Americans With Disabilities Act (ADA) and the duty to provide reasonable accommodations, circumstances under which employers may be required to provide light duty to pregnant workers, “parental leave” (which is distinct from medical leave associated with pregnancy or childbirth) as it applies to both genders and general “best practices” to avoid unlawful pregnancy discrimination in the workplace. Read More

EEOC Informal Discussion Letter Highlights Best Practices for ADA Reasonable Accommodation Policies and Forms

Wednesday, June 18, 2014

The United States Equal Employment Opportunity Commission (EEOC) recently issued an informal discussion letter in response to a letter inquiry from an employer concerning a sample reasonable accommodation policy and accompanying sample forms. Read More

Classification of Obesity as a “Disease” has Huge Employment Law Implications

Friday, June 21, 2013

News broke yesterday that the American Medical Association voted to re-classify obesity from a condition to a disease. Conventional wisdom has been that normal, run-of-the-mill obesity, unlinked to an underlying medical condition such as diabetes, is not a disability protected from discrimination by the Americans with Disabilities Act. This decision by the AMA, however, will likely flip that conventional wisdom on its head. The Americans with Disabilities Act (“ADA”), as amended in 2009, is so broad that it covers virtually any diagnosed medical condition as a “disability.” Now, employers will likely have to consider reasonable accommodations for anyone with a body mass index of 30 or over. Also, anyone who appears to have that BMI will have potential protections from terminations and other adverse actions related to that perceived “disease.” Read More