Americans with Disabilities Act

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The U.S. Seventh Circuit Court of Appeals has reversed its own precedent.  It has held that the Americans with Disabilities Act may require reassignment accommodation involving transfer into a position, rather than just allowing the employee with a disability to apply for the position.  It is a rare case where reassignment would be the appropriate…

Alcohol use and drug use are specifically exempted from coverage under the Americans with Disabilities Act.  See Americans with Disabilities Act, Sec. 12114.  This section provides that a person who is abusing alcohol or drugs may not qualify for coverage under the ADA. 

But, alcoholism is a disease.  So, treatment for alcoholism is covered…

Many employers have implemented so-called no-fault attendance policies in which employees are charged with a day of leave regardless of the reason for the leave.  Once, the employee accumulates enough absent days, s/he will be fired.  Such leave policies, however, conflict, with the Americans with Disabilities Act.  Under the ADA, when an employee requests an…

So, at least in the Fifth Circuit, sidewalks are now a "service" of the city such that the city must make sidewalks accessible to persons with disabiliuties.  The Fifth Circuit so ruled in the case of Frame v. City of Arlington.  The district court had dismssed the plaintffs’ suit because, said the court, the…

Russ Cawyer posts about the coming demise of the so-called "no fault" leave policy, better described as fixed leave policies.  He notes that the EEOC has been aggressively pursuing companies who implement such policies.  Under these policies, once an employee has been out on leave for a certain length of time, the employee is terminated…

 An Eastern District of Texas recently addressed the effect of the ADA amendments Act.  In Norton v. Assisted Living Concepts, Inc., an employee suffered from cancer.  He returned to work and was fired within a month of his return.  The cancer was in remission.  Under the old Americans with Disabilities Act, he would have to…

I love the lawsuit business.  Other than my other career, the Army Reserve, this is one area where you see people acting gracefully under pressure – or not.  Charlie Sheen has been imploding for the past few weeks.  He apparently has been diagnosed with bipolar disorder.  He very publicly disprespected his boss, his executive producer.

 A Detroit law firm requires secretaries to wear heels.  Until just a few years ago, they used teacups and saucers for coffee.  This is a traditional law firm.  One woman injured herself wearing heels.  Her heel caught on the carpet.  She hurt her back.  She had to take medical four times as part of her…