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
ADA Applies to Some Church School Teachers
The Americans with Disabilities Act and Title VII do not apply to churches or religious institutions. But, what happens when the church operates a secular activity, such as a school? It depends. The church can require that teachers conform to particular church doctrine. As this decision explains, however, much depends on whether the teacher’s duties
Fifth Circuit Overturns Judgment for Defendant
in a recent decision, the Fifth Circuit found in favor of the plaintiff, actually overruling a judgment for the employer. Even more surprising is that in its decision, the Fifth Circuit appears to be construing the available facts in favor of the non-movant, as they should be doing. See Carmona v. Southwest Airlines.
In
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?
Hypertension is not a Disability under the Old ADA
The Eastern District of Pennsylvannia, US district court, finds under the old ADA (ie, prior to the Jan 1, 2009 amendments) high blood pressure is not a disability which requires accommodation. Nmako v. Acme Markets. The employee had requested accommodation for migraine headaches, emotional stress and high blood pressure. The physician had told
Wal-Mart Store Tells Black Customers to Leave
Yes, racism is still alive and present in dark corners of the country. Today, we find some sort of racism in a New Jersey Wal-Mart store. An announcement is made over the intercom telling "all black people" to leave the store, now. See CBS news report.
EEOC Issues Subpoena to San Antonio Law Firm
It is not often that the EEOC even issues a subpoena to an employer for records. It is more rare still for the employer to resist that subpoena. But, local San Antonio law firm, The Malaise law firm is doing just that. According to Russ Cawyer, an employer attorney who blogs on employment law
Automatic Leave Policies Violate the ADA
In a recent settlement with the EEOC, Sears Roebuck agreed to pay $6.2 million to resolve claims made by persons with disabilities. Sears also agreed to enter into a consent decree, which means Sears agreed to perform many other non-monetary tasks in settlement of the claims. The EEOC represented persons with disabilities who had worked
Physical Attractiveness Suggests Gender Based Discrimination
One of my first jobs was waiting on tables. I envied the female waitresses because they often scored better tips simply because they were attractive. The women knew that. They generally accepted that fact and used it. But, what if the employer told the waitresses, as some do to put on more makeup and look
Big Law is Sued for Discrimination
Many non-lawyers expect lawyers to follow the law. Not always. In one recent lawsuit, for example, a major law form was sued by the EEOC for age discrimination. The employee claims in this lawsuit that his law firm, Kelley Drye, provides in its partnership agreement that if a partner wishes to continue working past