ADA in the News: May 18, 2015

EEOC Victory Reversed for Improper Direct Threat Standard

JD Supra

The Equal Employment Opportunity Commission (EEOC) recently experienced a particularly painful loss, as a former “win” was reversed. In March, the 10th District Court of Appeals ruled that an EEOC victory was erroneous due to improper jury instructions, and reversed the jury verdict. Indeed, details are important in jury instructions, but that is not the only takeaway from this case. Employers would be interested to know that the jury instructions in question involved the details of an important employment law defense: the “direct threat” standard. 

Supreme Court Rules in Favor of SF Cops in Shooting of Mentally Ill Woman

KQED

The U.S. Supreme Court ruled Monday that two San Francisco police officers who entered a mentally ill woman’s room, then shot her when she tried to attack them with a knife, are entitled to immunity from a lawsuit alleging they violated the woman’s constitutional rights.

Wellness-Incentive Guidance on the Way

Human Resource Executive Online

The Equal Employment Opportunity Commission recently proposed a rule designed to provide guidance on the legal use of financial incentives to encourage participation in wellness programs. Experts say employers largely welcome the direction, but must be aware of the changes the new regulations may bring.

 Deaf Woman In Bitter Lawsuit Against NYPD After Almost Fatal Arrest

The Inquisitr-

A deaf woman who describes herself as a once happy and upbeat person prior to an almost fatal arrest in 2011 is now fighting a bitter legal battle against the New York Police Department (NYPD). She recently described how she was manhandled, bullied, and had to etch words on a police cruiser window to get help before she died.

 Woman with cerebral palsy becomes ADA consultant

News-Press Now

Kim Hubbard is putting her life experiences to good work.

The St. Joseph woman, who has cerebral palsy, started her own business back in January. Simply Accessible LLC., is a consulting firm that can help companies and individuals understand Americans with Disabilities Act (ADA) compliance.

EEOC's judge-less warrant to Catholic hospital is sign of what's to come

American Thinker (blog)

The EEOC issued an administrative subpoena to a Catholic hospital system that fired one employee under its no-fault attendance policy. The warrant, which demanded information of all terminations by the faith-based nonprofit healthcare provider, was upheld by a federal court under ridiculously non-existent Fourth Amendment standards.

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