Appellate Court Holds that ADA Does Not Require Reassignment Without Competition
Lexology
The Equal Employment Opportunity Commission (EEOC) suffered a setback in its attempt to establish that the Americans With Disabilities Act (ADA) requires an employer to reassign an employee to an available position without having to compete with other candidates for that position. In EEOC v. St. Joseph’s Hospital, the Eleventh Circuit Court of Appeals held that a Florida District Court correctly interpreted the ADA when it held that there is no mandate for noncompetitive reassignment as an accommodation.
The case involved a disabled nurse who sought accommodation under the ADA because she required the use of a cane. The plaintiff could not continue working in her existing position while using a cane because it was a safety hazard and she therefore sought reassignment to another unit in the Hospital. She was given the opportunity to apply for other jobs in the Hospital but she had to compete with other candidates for them. The plaintiff did not meet the Hospital’s requirement for internal candidates to have been in their position for 6 months and to have no final written warnings. The Hospital agreed to waive these requirements as an accommodation. The nurse applied for seven positions and the EEOC argued that she was qualified for three of them. For various reasons the Hospital determined that other candidates were better qualified and the plaintiff was not selected. When she did not obtain another position, the Hospital terminated her employment. The EEOC filed suit claiming the Hospital violated the ADA by not reassigning the plaintiff to a vacant position without requiring her to compete with other applicants for those jobs.
May an employer require an employee to provide medical documentation before returning from leave?
CCH
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Issue: |
Lydia is a newspaper reporter who has been on leave for two months because of complications stemming from her diabetes. She notified you that she will be able to return to work in two weeks but will need a flexible schedule. Can you ask for a doctor's note or some other documentation addressing any work limitations before allowing her to return to work? |
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Answer: |
Yes. Under the Americans with Disabilities Act (ADA), if an employer has a reasonable belief that an employee may be unable to perform her job or may pose a direct threat to herself or others, the employer may ask for medical information. However, the employer may only obtain the information needed to make an assessment of the employee's present ability to perform her job and to do so safely. In this instance, because the reporter's job frequently requires her to meet short deadlines, the employer may ask her to provide a doctor's note or other documentation indicating whether there are any limits on how many hours a day she can work Source: EEOC Guidance: Questions and Answers about Diabetes in the Workplace and the Americans with Disabilities Act (ADA), http://www.eeoc.gov/laws/types/diabetes.cfm; reported in Employment Practices Guide, New Developments 5372. |
Federal Court Says ADA Does Not Require Reassignment Of Employee Without Competition
Mondaq News Alerts
If an employee can no longer perform the essential functions of his or her position due to a disability, one common form of reasonable accommodation under the Americans with Disabilities Act (ADA) is reassignment to a vacant position. Last week, in U.S. Equal Employment Opportunity Commission v. St. Joseph's Hospital, 2016 WL 7131479 (11th Cir. 2016), the Eleventh Circuit (the federal appeals court over Florida, Georgia and Alabama) rejected a long-standing position of the U.S. Equal Employment Opportunity (EEOC) that as long as the disabled employee is qualified for the position the employer must place the employee in the vacant position and cannot require the employee to compete for it.
EEOC Issues Informal Guidance on Reasonable Accommodations for Mental Health Conditions
Lexology
Though only an informal guidance, this resource document reminds employers of the EEOC’s expansive interpretation of what constitutes a reasonable workplace accommodation. Employers should continue to meaningfully engage in the interactive process with any employees seeking workplace accommodations for a physical or mental disability and assiduously document those efforts.
Citing an increase in charges of discrimination based on mental health conditions during fiscal year 2016, the EEOC released a “resource document” on December 12, 2016, explaining “workplace rights” for individuals with mental health conditions under the Americans with Disabilities Act (ADA). The resource document – Depression, PTSD, & Other Mental Health Conditions in the Workplace: Your Legal Rights – is presented in a question and answer format intended for applicants and employees. The informal guidance is a useful primer for understanding the EEOC’s expanding stance on employer obligations to provide reasonable workplace accommodations.
Fenwick Amputee sues hotel for ADA violations
WZZM13.com
A door peephole installed too high and an improperly-mounted toilet paper dispenser are among complaints cited by a Montcalm County amputee in a lawsuit targeting a Cadillac hotel for alleged violations of the Americans with Disabilities Act.
EXCLUSIVE: HIV-Positive Woman Kicked Out Of Dentist's Office
HelloBeautiful
In May, when Yvette Brown went to New York’s Westchester Oral & Maxillofacial Associates for an emergency oral surgery, she expected to be treated like she always had—with respect and professionalism. Instead, Brown claims that dentist Dr. Benjamin Kur treated her like a second-class citizen.
Why? Merely because Brown is HIV-positive.
This Manufacturer Is Creating Opportunities for Disabled Workers. You Can Too.
IndustryWeek
Almost 70 years ago, the National Association of Manufacturers and the U.S. Chamber of Commerce urged employers to offer “equality of opportunity” for disabled and older workers and recognize that “ability … should be the sole job test.”
Sadly, we haven’t come very far.
The Americans with Disabilities Act--important legislation meant to improve quality of life and provide equality of work life—was passed in 1990. Yet only 17.5% of people with a disability were employed in 2015, according to U.S. Bureau of Labor statistics. That compares to a 65% employment rate for people without documented disabilities. Even considering educational levels, unemployment rates are much higher for people with disabilities.
Attorney general files motion to dismiss 1000 ADA lawsuits
Ahwatukee Foothills News
The Arizona Attorney General’s Office has filed a 20-page motion to dismiss more than 1,000 civil lawsuits filed by a foundation that accuses area businesses of widespread violations of the federal Americans with Disabilities Act and a similar state law.
The controversial suits were filed against many area businesses, and allege mostly technical violations of the ADA, including that handicapped parking signs are too low or that international handicapped symbols are not displayed.
The motion reprises similar pleadings by the Attorney General’s Office, which prompted a Maricopa County Superior Court judge to consolidate more than 1,000 suits into one test case to get them dismissed.
Battle Between Arizona Attorney General And Serial Lawsuit Filer Heats Up
Lexology
A disability advocacy group behind approximately 1,700 Arizona access lawsuits breaks new ground by filing suit against the Arizona Attorney General, in an unusual counter-attack to the AG’s motion to dismiss those cases for lack of standing.
As we previously reported here, the Arizona Attorney General (“AG”) responded to a surge of access suits filed in that state’s courts by moving to consolidate and to intervene in all actions initiated by self-styled disability rights advocacy groups, including Advocates for Individuals With Disabilities Foundation (“AIDF”) and David Ritzenthaler. The state court granted the AG’s motions on September 23. Soon thereafter the AG filed a Motion to Dismiss and For Judgment on the Pleadings.
What Are 'Drive-by' ADA Lawsuits?
Care2.com
A recent 60 Minutes segment anchored by Anderson Cooper revived a canard that’s painfully familiar to members of the disability community: the menace of “drive-by ADA lawsuits.”
In the segment, viewers learned about disabled people and lawyers who cruise around looking for obvious Americans with Disabilities Act, or ADA, violations and sue innocent businesses that may not even be aware that they’re violating the law.
The story made it sound like people file these “nuisance lawsuits” for profit, but some disabled people felt it didn’t tell the whole story