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Disabilities (ADA)

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Complete Topic List


Disability Bias: Ninth Circuit Revisits Whether Blanket Safety Standard Excluding Deaf Workers Violated the ADA; Better News for Employers This Time
April 2008
In late 2006, the U.S. Ninth Circuit Court of Appeals upheld a trial court ruling that a United Parcel Service (UPS) safety-based rule excluding . . . more
Medical Marijuana: No Employment Protections for Applicants Who Test Positive for Medical Marijuana, California Supreme Court Rules; The Bottom Line for Employers
March 2008
California voters enacted the Compassionate Use Act in 1996, legalizing medical marijuana use with a doctor's recommendation. But the law, in tandem with the California Fair Employment and Housing Act's (FEHA) disability bias prohibition, posed a perplexing workplace question: Must employers hire or retain applicants who fail workplace drug tests because they use medical marijuana? . . . more
Disability Discrimination: $2.26 Million Award Upheld for Failure to Engage in Interactive Process; Three Tips
March 2008
In a new California appeals court case, an employer was held liable for failing to engage in an interactive process to determine a reasonable accommodation for a disabled employee--even though, it turned out, the employer wasn't liable for not providing a reasonable accommodation. The case underscores that in California, employers can be liable solely for not meeting their obligation to engage in an interactive process. . . . more
Employment Tests: New EEOC Fact Sheet Highlights Avoiding Bias When Screening Job Candidates and Employees; Five Best Practices
February 2008
Selecting the best person for the job is crucial to any organization's success. But if you're using tests and other selection procedures to help you make sound employment decisions, it's important to be aware of how federal antibias laws limit the use of screening tools. . . . more
Hiring: Should You Accept Video Resumes? Three Practical Tips
February 2008
As jobseekers search for ever more creative ways to get noticed by prospective employers, some are submitting video resumes to supplement written resumes. Typically, these are short videos that highlight a job candidate's skills or qualifications, and they usually show images of the person. A survey by career publisher Vault, Inc., reveals that 89 percent of employers would be willing to accept video resumes. . . . more
News Notes: Background Check Waiver Bars ADA Hiring Suit
December 2007
As part of her application for a police officer position with the city of Mesa, Ariz., Christine Nilsson signed a waiver of all legal rights and claims in connection with the city's investigation into her background and employment history. Nevertheless . . . more
Disability Discrimination: California High Court Clarifies Proof Burdens in Bias Suits; Good News for Employers
November 2007
Two years ago, a California appeals court, upholding a $2.6 million verdict for a disabled worker, sent a shock wave through the employer community with a decision that made it significantly harder for employers to defend disability bias suits . . . more
Bulletin: New California Supreme Court decisions result in good and bad news for employers
October 2007
In a ruling favorable to employers, the high court clarified the burden of proof standard in a disability discrimination case filed under California's Fair Employment and Housing Act, holding that an employee must prove that . . . more
Terminating Employees: Neutral Investigation Helps Defeat Discrimination Charges
September 2007
Richard King was a valued United Parcel Service (UPS) supervisor in Redding for more than 30 years, until he was fired for falsifying an employee's timecard. King contended in a lawsuit that the real reason . . . more
Disabled Employees: Case Spotlights Anxious Employee's Request to Bring Dog to Workplace; Are Companion Pets at Work a Reasonable Accommodation?
September 2007
It's common knowledge that employers must permit a blind or deaf employee to use a service dog as a reasonable workplace accommodation. But many employees are increasingly using so-called "psychiatric service dogs" or . . . more
Family and Medical Leave: Ruling Zeroes In on Employers' Notice Obligations Under the California Family Rights Act; What You Must Do
July 2007
California Portland Cement Company, which has a quarry in Mojave, was slapped with a California Family Rights Act (CFRA) lawsuit after firing employee Michael Faust when he took a medical leave . . . more
Disabled Employees: ADA May Shield Violent Behavior Stemming from a Disability; Weighing the Risks for Employers
June 2007
When an employee's misconduct is caused by a disability, does the Americans with Disabilities Act (ADA) protect the employee from discharge for that misconduct . . . more
Bulletin: Appeals court rules that disability-based misconduct is part of disability
May 2007
The U.S. Ninth Circuit Court of Appeals, which covers California, has released a controversial new opinion suggesting that the Americans with Disabilities Act protects misconduct stemming from . . . more
Disability Bias: Good News for Employers: Ninth Circuit Sets Limits on 'Regarded As' Claims
May 2007
One of the more perplexing aspects of the Americans Disabilities with Act (ADA) for employers is the protection it gives to individuals who are "regarded as" disabled. An employee can file an ADA clai . . . more
News Notes: Post Office Sued for Requiring Worker to Take Lunch Break
May 2007
In an interesting twist, the U.S. Postal Service (USPS) has been hit with a lawsuit claiming that its requirement that employees take their lunch breaks amounted to disability discrimination for one postal clerk . . . more
Disability Discrimination: Court Slashes Huge Punitive Damages Verdict for Employee Fired for Absenteeism, But Employer Still On the Hook for Millions; Lessons Learned
March 2007
A couple of years ago, a Sacramento jury awarded a staggering $19 million--$15 million of it in punitive damages--to a McKesson Corp. employee. She claimed the company and a supervisor violated California's disability bias law when it harassed her and then fired her under a no-fault absence policy after unexcused absences for a panic disorder. Now, thanks to a new California appeals court ruling, the supervisor has escaped liability and the employer will pay millions less than the original jury verdict--but still quite a lot. We'll review the new ruling and discuss 3 critical lessons for employers. . . . more
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