Assessing Employee Impairments
New York Law Journal
When an employee displays troubling behavior that raises questions of mental health issues, employers frequently confront a balancing act of two legitimate, and often seemingly conflicting, interests. On the one hand, employers certainly wish to be sensitive to the plight of the employee and, of course, comply with employment laws protecting individuals with disabilities. On the other hand, employers simultaneously must make the necessary assessment to protect the safety of the employee's co-workers, and others with whom the employee may come into contact while on the job, as well as the employee's own health and safety.
Facing suit, Merrill agrees to fix wheelchair access
Wausau Daily Herald
The city of Merrill has agreed to make modifications at six city parks and downtown parking areas to improve accessibility and settle a disability discrimination lawsuit a resident filed in federal court.
Judge sides with Verizon, says ADA doesn't cover bodily injuries
The Pennsylvania Record
On May 21, a Philadelphia federal judge granted a motion for summary judgment in favor of Verizon Communications and against a former employee who claims he was reversely discriminated against based on his race, age and disability.
Cherry Hill, N.J. resident John Aponik, 55, filed suit in January against Verizon Communications of Pennsylvania in Fort Washington, claiming it violated the Age Discrimination in Employment Act of 1967 (ADEA), Americans with Disabilities Act of 1990 (ADA) and the Pennsylvania Human Relations Act (PHRA) when it subjected him to racial, disability and age discrimination.
ADA defense: disabled individual poses direct threat to health or safety
Lexology
You know you can’t discriminate against qualified individuals with a disability. But what if you are convinced that the person’s disability would create a significant risk of harm to that person or others if allowed to perform the intended job? The “direct threat” defense may help you avoid liability for a disability discrimination claim under the Americans with Disabilities Act (ADA).
Strategies: Jury instructions often key to winning or losing a case in court
Denver Business Journal (blog)
Sometimes, a plaintiff can win the argument but still lose the case. Often, the factor that turns against them is the judge’s instructions to the jury.
Mental Health in the Workplace: How We Can Move Beyond the Stigma
In the great order of things in the American workplace, many a stigma has fallen. Mental illness, though, has notably lagged — retaining its air of misunderstanding. “It is seen as a weakness, and people are afraid to admit weakness, especially in the workplace, and probably with good reason” says Wharton management professor Adam Cobb. “If you think of jobs, it’s like a tournament, and the best keep moving up. And if people are hard to differentiate and all are awesome, [if] there is one thing you can do to isolate them and kick them out, we tend to do it.”