ADA in the News: April 13, 2018

When opioid abuse invades the workplace: panel discusses interoffice addiction

Memphis Business Journal

Jeff Weintraub, labor and employment attorney with Fisher Phillips' Memphis office, said the first evidence he usually gets that there's a prescription drug problem is an HR rep calls him and says, "We don't know what's wrong with this employee. But, something's wrong."

Weintraub said that it is important that supervisors know about signs, symptoms and related risks, not just executives.

"People interacting with employees on the front-line are the ones that have to be trained," he said.

Weintraub also went through some of the legal issues of dealing with opioid addiction in the workplace, specifically the Americans with Disabilites Act (ADA).

"Drug addiction is a protected disability under the ADA," he said. "However, current illegal drug users are not protected under the ADA. ... Casual illegal drug use is not a disability under the ADA, and you can turn away employees who have a history of casual use."

United States: Employers Left In The Dark After US Supreme Court Declines To Issue Ruling On Long Term Leave As A Reasonable Accommodation Under The ADA

Mondaq News Alerts

Last week, the U.S. Supreme Court declined to review a decision by the Seventh Circuit Court of Appeals holding that a multi-month leave of absence is beyond the scope of a reasonable accommodation under the Americans with Disabilities Act (ADA). The plaintiff in Severson v. Heartland Woodcraft, Inc. had asked the Supreme Court to decide whether there is a per se rule that a finite leave of absence of more than one month cannot be a reasonable accommodation under the ADA.  Without the Supreme Court stepping in to resolve the split among the federal circuit courts, employers are left without clear guidance as to how to navigate the interplay between the ADA and extended leaves of absence.

What does it mean to be a doctor with a disability?


When Stacy Jones arrived at medical school at Harvard University, she was prepared to struggle. She’d always been aware in the back of her mind that certain aspects of academics were tough for her. She figured she’d just have to work even harder. But that “work harder” strategy didn’t work out so well.

United States: Who Are You?: The Legal Implications Of Employee Personality Testing

Mondaq News Alerts

Many employers require employees and applicants to take personality testing (think Meyers-Briggs). Others are seriously considering adding this as a component of their hiring and employee engagement efforts. Companies want to get a sense of an individual's opinions, attitudes, feelings, motivations, preferences, interests, emotional makeup, and style of interacting with others. This information, some believe, can help employers make predictions regarding job performance and success. At the very least, it allows employers to get to know an applicant through more than just the traditional interview process. These tests, however, raise many legal issues, particularly in the areas of potential discrimination claims and privacy concerns.

Hardin EMS settles, resolves ADA complaint

The Pioneer News

United States Attorney Russell M. Coleman announced the settlement agreement with Hardin County Emergency Medical Services (HCEMS), on March 28, 2018, to resolve a complaint, under the Americans with Disabilities Act (ADA), regarding the provision of emergency medical services to qualified individuals with disabilities, including individuals using service animals.

Some after-hours hospital interpreter services for the deaf discontinued

The Providence Journal

The Rhode Island Commission on the Deaf and Hard of Hearing plans to discontinue some of its emergency after-hours interpreter referral service for hospital emergencies starting this summer.

ADA and Section 504 Compliance: Audiovisual Devices


Edupliance announces webinar titled, “ADA and Section 504 Compliance: Audiovisual Devices” that aims to update attendees will provides a comprehensive analysis of the applicable laws as well as best practice tips for avoiding liability will be explained during this webinar. The event goes LIVE on Wednesday, April 18, from 01:00 PM to 02:00PM, EST / 10 AM to 11:00 AM PST.

The Woodlands Retina Center Settles Federal Lawsuit

A patient with a service animal sued The Woodlands Retina Center for refusing service under its "no dog" policy.

Hardin County EMS se​ttles ADA complaint

Elizabethtown News Enterprise

Hardin County Emergency Medical Services recently entered a settlement agreement to resolve an Americans with Disabilities Act complaint.

Disabl​ed People Don't Belong In Music Venues, Apparently


Concerts are expensive when you’re chronically ill and constantly paying medical bills, but beyond this, many music venues aren’t wheelchair accessible ― even if they claim to be compliant with the Americans with Disabilities Act. The ADA is a civil rights law that was passed in 1990. It prohibits discrimination based on disability and provides mandatory guidelines that businesses must follow in order to be physically accessible to disabled staff and patrons.

Creating a c​ulture of care: what you can do for the Disability Resource Center

The Independent Florida Alligator

Lack of wheelchair accessibility on campus sparks concern for students

Kent Wired

On average, it takes a student 15 minutes to get to class, but for people who use wheelchairs, it can take up to half an hour or more.

Brandon Lewis, a freshman journalism major, must give himself extra time no matter where he goes around campus, especially when it comes to going up Summit Street because of the construction.

With construction limiting mobility for students who use wheelchairs, some wonder if they should leave Kent State for other universities with better wheelchair accessibility.

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