Med school may have violated deaf student’s rights
A medical school may have violated the Americans with Disabilities Act by refusing to provide a deaf student with auxiliary aids to assist him in overcoming his hearing impairment, the 8th Circuit has...
View ArticleDOJ settlement over food allergy sets the table for future actions
Does a food allergy constitute a disability under the Americans with Disabilities Act? According to a recent settlement between Lesley University and the Department of Justice, the answer is: It...
View ArticleNew pregnancy rules in effect in California
New regulations have gone into effect in California explaining an employer’s duty to provide reasonable accommodations to pregnant workers. The changes clarify that employees are protected against...
View ArticleNurse who defied order can still sue under ADA
A nurse who was fired for insubordination after refusing to carry out an order she felt she could not handle while recovering from a serious injury could sue her employer for retaliation under the...
View ArticleEmployee who exhausted pregnancy leave could sue
An employee who was fired during a high-risk pregnancy could pursue a discrimination claim, even though her employer had granted her all the pregnancy leave required by state law, the California Court...
View ArticleLawyers find ADA circuit split hard to accommodate
It’s an issue that leaves employment lawyers and their clients scratching their heads: Must an employer reassign a disabled employee to a vacant position that would have otherwise been filled by a...
View ArticleWorker may have right to late start time under ADA
An employee whose prescription medications left him “sluggish” in the morning may be entitled to a later start time as a reasonable accommodation under the Americans with Disabilities Act, the 2nd U.S....
View ArticleAirline passenger’s injury claims aren’t preempted
Federal law regulating the airline industry does not completely preempt the personal injury claims of a disabled passenger who claimed she didn’t receive the wheelchair assistance she requested, the...
View ArticleHIV-positive plaintiff needn’t prove disabled status
A plaintiff with HIV was disabled as a matter of law for purposes of suing for discrimination under state civil rights law, the California Court of Appeal has ruled in reversing judgment. The plaintiff...
View ArticleEmployee could pursue ADA claim despite Chapter 13 bankruptcy
An employee did not lose standing to pursue a federal disability discrimination claim by filing for Chapter 13 bankruptcy, the 4th U.S. Circuit Court of Appeals has ruled in affirming judgment. The...
View Article
