Michael Fox (not the actor) writes a nice blog on employment law from the employer’s perspective at: http://employerslawyer.blogspot.com/. He wrote recently about a jury result in Madison, Wisconsin. A jury awarded $2 million to a teacher who sought the simple accommodation of a class 
room with a window. Otherwise, she was subject to crying spells
Public Facilities Must be Accessible
Public facilities must be accessible to persons with disabilities regardless of age of the structure. But, if the structure dates to before 1990 and has not been substantially modified since 1990, then accessible features must be “readily achievable.” City sidewalks are a significant issue.
Continue Reading Public Facilities Must be Accessible
The Interactive Process Requires Employee to Consider Alternatives
The ADA was amended substantially in 2009. See prior discussion here. With the new ADA in place, disability cases will be more about the accommodation process and less about whether a person is disabled. Workplace Prof discusses a case that sheds some light on the accommodation process. An employee seeking accommodation must present his/her
Reasonable Accommodation Requires More
How much accommodation is enough? There is surprisingly little caselaw on the subject. Most issues arising under the old ADA concerned whether a person was truly a person with disability.
Now that the ADA hs been substantially amended, we will surely start seeing more accommodation issues. In EEOC v. UPS Supply Chain Solutions, we see
The ADA Does Not Protect Employees with Potential Disabilities
This issue arises every so often. An employee has a serious illness and is warned by her doctor that stress at work worsens the illness. Is that a disability? Not according to caselaw under the old (ie, pre-amendment) Americans with Disabilities Act. In one case, the client was warned that her hypertension would worsen if
Third Circuit Finds Shift Change to be a Required Accommodation
A recent Third Circuit Court of Appeals decision finds that a change in shifts is indeed an accommodation which an employer may have to provide in certain circumstances. In Colwell v. Rite Aid, the employee had no vision in one eye due to glaucoma. So, she could not drive at night. She asked to
Inquiry into Person’s Medical History can Result in a Private Right of Action
Under the Americans with Disabilities Act, it is unlawful to inquire unreasonably into a person’s medical background. Under the ADA prior to the 2009 amendments, a person whose disability was controlled by treatment was not considered disabled. So, what happens when a person with controlled epilepsy is asked about his medications and then is rejected?
San Antonio Riverwalk Becomes Fully Accessible
The City of San Antonio is spending $3 million to make the Riverwalk accessible to wheel chairs. Title II of the ADA requires that public places be accessible to persons with disabilities. The Department of Justice supposedly enforces Title II. The EEOC enforces a separate part of the ADA. It is long past overdue that
ADA Retaliation Claimant not Entitled to Compensatory, Punitive damages
The Ninth Circuit joins the Seventh Circuit in finding that an employee suing for retaliation under the Americans with Disabilities Act is not entitled to compensatory damages or punitive damages. Alvarado v. Cajun Operating Co., No. 08-15549 (9th Cir. 12/11/09). The court also ruled that a jury is not available. See brief discussion
ADA Restoration Act will not Open the Floodgates
The local newspaper comments on the new ADA as if they just joined the debate. The regs will make changes, to be sure, but, the floodgates will not open. The new regs will correct decisions like the 1999 US Supreme Court decision, Sutton v. United Airlines. We need to remember that when Sutton was decided