Anxiety over Reasonable Accommodation under the ADA for Social Anxiety Disorder
JD Supra
Employers might be just a bit more anxious after learning that the Equal Employment Opportunities Commission (“EEOC”) defined the “ability to interact with others” as a major life activity, bringing social anxiety disorder into the scope of protection afforded by the Americans with Disabilities Act (“ADA”). The Fourth Circuit, in the case of Jacobs v. N.C. Administrative Office of the Courts,[1] recently agreed with the EEOC that social anxiety disorder may be a disability for ADA purposes. For practical purposes, however, the important takeaway in this case is that reasonable accommodation requests should never be taken lightly and all decisions that adversely affect employees should come with ample documentation.
Court Shoots Down ADA Discrimination Claim Premised on Employer's Alleged Embarrassment
JD Supra
It would never occur to most employers that "embarrassment" could serve as the grounds for a disability discrimination claim, but that's exactly what an employee attempted to argue in Lester v. City of Lafayette. In this case, a federal district court judge rejected a former city employee's argument that she was fired because officials from the City of Lafayette, Colorado (the "City") were embarrassed by her disabled daughter.
The employee's novel legal theory presented a twist on a relatively obscure provision of the Americans with Disabilities Act (the "ADA") in that under the ADA, an employer can be held liable for an adverse employment action undertaken because of its knowledge of the affected employee's relationship with a disabled person. This is sometimes called the "association provision" of the ADA.
Spouse’s medical treatment for flu-like symptoms supports employee’s FMLA claim
Finding sufficient evidence that a municipal employee’s husband—who was being treated for flu-like symptoms that began shortly after the family moved into a house contaminated by mold—had a serious health condition, and that the employee gave sufficient notice of her intent to take FMLA leave, which she provided after being informed that she was no longer needed in her position but before receiving a termination letter, a federal district court in California denied summary judgment on her FMLA and California Family Rights Act interference claims (Novo v City of Sacramento, EDCal, March 20, 2015, England, M., Jr.).
Interactive Process in Housing and Public Accommodations
New York Law Journal
In New York, federal, state and local laws protect individuals with disabilities from discrimination in the workplace, at their residence, and in public accommodations. One scenario the agencies charged with enforcement of these laws sometimes see involves an individual who was terminated from his job, or evicted from her apartment, after making a request for a reasonable accommodation. When an employee with a disability makes a request for a reasonable accommodation, the employer is obligated under New York law to initiate a dialogue with the employee about the request called an interactive process.
This article looks at reasonable accommodation requests when they are made in the contexts of housing and places of public accommodation, concluding that although the interactive process is not required by New York courts in these contexts, it may be a prudent way to address and resolve reasonable accommodation requests and prevent a frustrated tenant or patron from taking the matter to court or his state or local human rights commission.
Professor charges Prairie View A&M with sex, disability discrimination
Southeast Texas Record
Dr. Alice M. Pendleton of Hempstead filed a lawsuit March 20 in the Houston Division of the Southern District of Texas against Prairie View A&M University, alleging violation of her civil rights and disability discrimination.
U.S. Supreme Court Announces New Standard For Pregnancy Discrimination Claims
Mondaq News Alerts
On Wednesday the U.S. Supreme Court issued its much-anticipated decision in Young v. United Parcel Service, Inc. (UPS), which involves a claim of pregnancy discrimination under the Pregnancy Discrimination Act (PDA).
Pregnancy: employers' newest “accommodation obligation”
Lexology
A divided U.S. Supreme Court decided last week that employers covered by the Pregnancy Discrimination Act (part of Title VII) may be required to make reasonable accommodations for work restrictions caused by pregnancy and related conditions.
The majority opinion in Young v. United Parcel Service says that failure to make pregnancy accommodations may be a form of unlawful sex discrimination. Unfortunately, the Court’s failure to articulate a clear standard may be maddening to any employer who seeks to comply with the law without becoming a “test case.”
8 Guidelines for Evaluating Accommodation Requests
Texas Lawyer
The Americans with Disabilities Act generally requires employers with 15 or more employees to reasonably accommodate qualifying disabled employees, unless doing so would cause undue hardship. Even employers with the best intentions struggle to determine who is disabled and what accommodations are "reasonable" under the act. This challenge is most apparent where requested accommodations are expensive or effectively result in reallocation of job duties to other overstretched employees.
Inaccessible Housing: The Long Wait For Those With Physical Disabilities
WXXI News
Syracuse’s homes are old. Virtually all of them, nearly 95 percent, were built before the Americans with Disabilities Act went into effect a quarter century ago
How Does A Business Accommodate A Service Animal
Mondaq News Alerts
Figuring out compliance under somtimes murky ADA rules
A recent news story reported a woman brought a baby kangaroo into a local McDonald's in Wisconsin, claiming, with a letter from her doctor, that the kangaroo was a "service animal" to help her cope with emotional distress. Another McDonald's customer called the police, and the woman was asked to leave.
That type of situation poses some important questions for New Hampshire businesses with regard to service animals. Do you know what actually qualifies as a service animal under the law and what you should do when a customer or client brings in a service animal?
Similarly, how should you, as an employer, respond to a request from an employee with a disability to bring a service animal into the workplace? Here is an overview of what to do when a business finds itself in a murky situation involving a service animal.
All Bets Are Off: Employer Considerations for Workplace Gambling Policies
JD Supra
When the Americans with Disabilities Act (ADA) became law in 1990, it specifically excluded compulsive gambling from the definition of a disability. Accordingly, employers are not liable under the ADA for discriminating against or failing to accommodate a compulsive gambler. Yet, an individual who suffers from a gambling disorder may suffer from another impairment that is covered by the ADA. A 2008 study found that 96 percent of people with gambling disorders also suffered from other psychiatric or addictive disorders. Related complications that have been linked to compulsive gambling include alcohol and drug abuse problems, anxiety and depression — all conditions that employers routinely assess in connection with their ADA compliance obligations.
Huffington Post
Something curious is happening in Corporate America. Business leaders are discovering a whole new source of talent they never realized existed: people with autism and intellectual and developmental disabilities.
Of course, this population has been there all along. But now that their bottom-line value is beginning to be understood, best of breed companies are competing to capitalize on the myriad opportunities presented by hiring people who, until now, have been roundly ignored.
The compelling advantage for everyone involved in disability inclusion is why the United Nations General Assembly chose employment as the theme of the 2015 World Autism Awareness Day on April 2nd. On that day, the UN General Assembly will launch an employment "Call to Action," inviting businesses to make concrete commitments to employ people on the autism spectrum.
Lexology
As discussed previously (see Best Practices in Social Media for Employers Part 2), adopting a National Labor Relations Act (NLRA)-compliant social media policy is the first step in ensuring that the policy can be enforced. However, employers should also be aware of the potential risks associated with disciplining employees for violations of such a policy.