California State Senator Tom Berryhill Says "Gotcha Lawsuits" Must Stop
Sierra Sun Times
The Americans with Disability Act (ADA) was enacted to ensure our businesses and their facilities are accessible to the physically disabled. Compliance with the act is enforced by private legal action and therein lies the problem. Up and down the valley expensive “gotcha lawsuits” have been filed against small businesses. These suits become a quick pay day for the lawyers that file them.
ADA, FMLA and medical marijuana: how do they mix?
Lexology
Almost a majority of the states now allow medical marijuana, so questions are starting to pop up about how the use of medical marijuana affects an employee’s rights (and an employer’s responses) under other laws, and in particular, the Family Medical Leave Act (“FMLA”) and the Americans With Disabilities Act (“ADA”).
The FMLA allows qualified employees up to 12 weeks of unpaid leave for their own health condition or to care for a qualifying family member. The ADA prohibits employers from discriminating against those who are disabled, and those associated with a disabled person. In addition, the ADA requires employers to provide reasonable accommodations to the disabled employee so the employee can perform the essential duties of their job.
No ADA claim for employee who didn't engage in interactive process
An employer may be held liable under the Americans with Disabilities Act (ADA) if it doesn't reasonably accommodate an employee's disability despite knowing about it. The employee's request for accommodation may create a duty to engage in an "interactive process" in which she and the employer informally discuss the issues affecting her and potential reasonable accommodations that might address those issues. The interactive process requires bilateral cooperation and communication.
Fibromyalgia patients kicked out because of service dogs
eMaxHealth
Two unrelated fibromyalgia patients recently encountered problems in public places because of their service dogs. The patients, a woman in Connecticut and a woman in Texas, were told they could not have their dogs inside the buildings and were denied service. Both of these incidents are potential violations of the Americans with Disabilities Act (ADA).
Human Resource Executive Online
Question: I suspect that one of my employees is taking drugs, but we don’t have a drug-testing policy at our company. Can I have him drug tested?
Answer: Employers across the board are concerned with making sure their employees are drug- and alcohol-free on the job. After all, an employee under the influence of drugs or alcohol is more likely to be unproductive, perform poorly and potentially be dangerous to themselves and other employees. Rather than being located in one main statute or set of regulations, the law governing drug testing in the workplace is made up of a patchwork of several different federal statutes and state law.
Access Denied: Getting Around Upstate Cities Without Equal Access
WSPA.com
ANDERSON COUNTY, S.C. -
As a person with disabilities, Sandy Hanebrink struggles with parking and getting around in the Upstate.
We followed her to downtown Anderson to see some of the struggles she experiences every day.
Hanebrink said she's become very familiar with federal law, titled the Americans with Disabilities Act,