Supreme Court head scarf case could impact ADA claims
Reuters
A U.S. Supreme Court case involving an Abercrombie & Fitch store's decision not to hire a teen who wore a Muslim head scarf has mainly drawn attention for its potential impact on religious expression. But employment attorneys say the case, which the court will hear on Wednesday, is also likely to affect more common claims involving disabilities.
The reason: The Equal Employment Opportunity Commission's case against the retail giant was brought under Title VII of the Civil Rights Act of 1964, which contains nearly identical language to the Americans with Disabilities Act regarding reasonable accommodations for workers.
Disability benefits application does not bar lawsuit
HR.BLR.com
The fact that an employee files for disability benefits with the Social Security Administration (SSA) doesn't prevent her from bringing claims under the Americans with Disabilities Act (ADA) or the Family and Medical Leave Act (FMLA). This issue was recently addressed by the federal trial court in Gulfport, Mississippi.
Supervisor Not "Qualified Individual" Under ADA after Failing DOT Medical Certification
JD Supra
Determining the essential functions of a job can be tricky, especially if there is no information or documentation with which to compare and consider. In this case, the U.S. Court of Appeals for the Tenth Circuit considered job qualifications in the context of essential functions, and ultimately found that the employee failed to demonstrate that he was qualified or could perform the essential functions of his position after failing a required DOT medical certification. As a result, he could not maintain his ADA claim against his former employer.
Obesity myths: Untruths on responsibility, prejudice, disability of fat people
Examiner.com
Fat isn't a disability. Certainly, obesity, along with associated conditions disables people. When the Americans With Disabilities Act (ADA) was first instituted in the 1990s, it was for those disabled by impairments beyond their control. The obesity rate was lower. Now the ADA Amendments Act (2008) includes obesity as a disability. And the number of obese has literally exploded. But calling obesity a disability is no different than saying smoking, alcoholism, substance abuse are disabilities. And making it one enables more obesity.
RIVERSIDE: Seminar to help business owners with ADA law
Press-Enterprise
A March 6 seminar in Riverside will help local business find ways to comply with Americans with Disabilities Act requirements and avoid legal action.
What will be the fate of your (facially neutral) light-duty policies after Young v. UPS?
Lexology
With its forthcoming decision in Young v. United Parcel Service, Inc., the Supreme Court of the United States is expected to bring some much-needed clarity to the issue of what the Pregnancy Discrimination Act (PDA), 42 U.S.C. §2000e(k), requires of employers. The case involves the legality of a policy that makes light-duty work available to certain workers, but not to pregnant employees. The employee-driver who brought the suit claims that the PDA requires that the policy offer light-duty work to pregnant workers as well. The employer has argued that the law merely requires employers to treat pregnant employees the same way it treats nonpregnant employees that are similar in their abilities—which it claims its light-duty policy has done.
Palmdale Nail Salon Apologizes After Turning Away Cancer-Stricken Teen In Wheelchair
CBS Local