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Regulations requiring federal contractors to implement disability hiring goals will be issued in April 2013, the U.S. Department of Labor announced last week. A year ago, DOL’s Office of Federal Contract Compliance Programs proposed a mandate that would require contractors to aim to have individuals with disabilities make up 7 percent of their workforce. The […]
If an employee’s disability causes him to sexually harass co-workers, the Americans with Disabilities Act does not require the employer to turn a blind eye, the 2nd U.S. Circuit Court of Appeals ruled in McElwee v. County of Orange, No. 11-4366-cv (2nd Cir. Nov. 15, 2012). James McElwee, an individual with Pervasive Developmental Disorder, worked […]
Federal guidance on the Americans with Disabilities Act states that all employee medical information must be kept confidential, but that goes above and beyond what the statute requires, the 7th U.S. Circuit Court of Appeals ruled Nov. 20. Despite what the U.S. Equal Employment Opportunity Commission says, ADA protects only information obtained in response to […]
On November 20, the Obama administration announced it is moving forward with certain provisions in the Affordable Care Act (ACA), including banning insurance companies from discriminating against people with preexisting conditions. The administration issued the following: A proposed rule that, beginning in 2014, prohibits health insurance companies from discriminating against individuals because of a preexisting […]
While some employees with chemical sensitivity may be entitled to work from home, that remedy is not always available, the U.S. District Court for the Southern District of Ohio has ruled in Core v. Champaign County, 2012 WL 4959444 (Oct. 17, 2012). The court had ruled on July 30 in Core v. Champaign County that […]
A Catholic church’s music director is a “minister” and therefore ineligible to bring employment discrimination claims against the Church, the 5th U.S. Circuit Court of Appeals ruled, implementing a new U.S. Supreme Court precedent. Phillip Cannata worked as the music director for St. John Neumann Catholic Church, part of the Catholic Diocese of Austin. He […]
Workers who experience domestic violence, sexual assault or stalking may be protected from discrimination by Title VII of the Civil Rights Act and the Americans with Disabilities Act, according to new guidance from the federal government. The U.S. Equal Employment Opportunity Commission, which is responsible for enforcing both of those laws, made the announcement in […]
A former senior account manager has filed a gender discrimination lawsuit against the National Basketball Association, Inc., alleging that the NBA “pays lip service to gender equality” and is “openly hostile to working mothers.” In the lawsuit, Brynn Cohn claims that the NBA instituted a change in work schedule while she was on maternity leave […]
A coal mine in Birmingham, Ala. will pay $40,000 to settle allegations it failed to reassign a worker with a disability, in violation of the Americans with Disabilities Act. Rocky Davis had hearing loss and was regularly assigned to an area of the mine that adversely affected his hearing aids, according to the U.S. Equal […]
Good recordkeeping and documentation is key in defending employment discrimination claims, a recent court ruling illustrates. An employee terminated for performance problems alleged that he was fired in violation of the Americans with Disabilities Act, because of his wife’s disability. The employer, however, produced evidence showing that: (1) the employee’s performance was subpar; (2) he […]