Mont Vernon school janitor sues district, claims he was fired for having Asperger’s Disorder
“Your Asperger’s got in the way of your ability to interact with your boss, and we are tired of it.” Disability discrimination claims goes to trial (D.N.H. 2014)
A former custodian at the Mont Vernon Village School is suing the Amherst-Mont Vernon school district, alleging it discriminated against him because he has Asperger's Disorder. According to papers filed in United States District Court, Mark Bellerose charges that SAU 39 violated the Americans with Disabilities Act and New Hampshire state law when it refused to renew his contract in 2010 and later failed to rehire him.
Medical cannabis users not protected by ADA
Santa Fe New Mexican.com
With legalized medical marijuana in 23 states and Washington, D.C., you might think that legal use of the plant would not result in the loss of your job or other dire consequences, but you are wrong.
This is because federal law still classifies marijuana as a Schedule I drug, which means it has no approved medical uses. Drugs and other substances that are considered controlled substances under the Controlled Substances Act are divided into five schedules.
The need for actual medical evidence in disability cases
JD Supra
Employers frequently call with concerns about employees who self disclose an alleged disabling condition that is not readily apparent, and who claim substantial limitations as a result. The employer’s concerns center on when their duty to accommodate kicks in. Although we caution employers to consider such employee statements seriously and to at least initially presume an obligation to consider reasonable accommodation, the law ultimately places the burden on the employee to produce actual medical evidence of a disability and its impact on major life activities, as opposed to the employee’s mere opinion. If the employee fails to do so, the employer may be relieved of any obligation to accommodate the employee’s unsubstantiated condition.
First Circuit Confirms Importance of Good Faith Interactive Process
JD Supra
The First Circuit Court of Appeals has given us yet another case demonstrating the importance of not only engaging in the interactive process, but doing so in good faith.
Harkin, Now Retired, Left Imprint on Federal Ed. Policy
Education Week News
POLICY FOOTPRINT
In nearly four decades as a U.S. representative and senator, Democrat Tom Harkin championed legislation that expanded rights for people with disabilities, sought to close achievement gaps in education, and increased funding for federal education programs. Here’s a brief timeline of his political career.
1974: Elected to the U.S. House of Representatives
1984: Elected to the U.S. Senate
1990: Key architect of the Americanwith Disabilities Act, his signature legislative achievement
1992: Sought Democratic nomination for president
2001: Played a role in the passage of the No Child Left Behind Act
2008: Oversaw an expansion of the Americans with Disabilities Act
2009: Became chairman of the Senate Health, Education, Labor, and Pensions Committee after Sen. Edward Kennedy, D-Mass., died
2009: Integral in including a provision funding preventive care in the Affordable Care Act
2012: Ushered an overhaul of the NCLB law through the Senate education committee, although the bill died in the Senate
2014: Helped broker updates to the federal workforce law affecting workers with disabilities and to the Child Care Development Block Grant program. President Barack Obama signed both into law.
SOURCE: Education Week