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Category Archives: Americans with Disabilities Act

February 1, 2018

Employers Should Engage in an “Interactive Process” When Considering Accommodations Requests Under the ADA

Under the Americans with Disabilities Act (“ADA”) of 1990, employers must provide reasonable accommodations to qualified individuals with disabilities unless the employer can demonstrate that the accommodation would impose an undue hardship on the employer.   There is no one-size-fits-all approach to determining the reasonableness of an accommodation.  For instance, it may not be an undue  Read More arrow

April 5, 2017

Federal District Court Gives Expansive View of the NJLAD and ADA

In Stewart v. County of Salem, 2017 U.S. Dist. LEXIS 50410 (D.N.J. 2017), the plaintiff was a corrections officer who fractured an ankle and was unable to walk or a stand for a full day. The court’s decision makes clear that under both the ADA and NJLAD, employees will be given a generous interpretation of  Read More arrow

June 6, 2016

EEOC ANNOUNCES INCREASE IN POSTING FINES

The Equal Employment Opportunity Commission (EEOC) will increase the monetary fines for employers’ posting violations. The EEOC announced the increase on June 2 in the Federal Register. the new fines which will more than double the previous penalty will take effect in 30 days. The EEOC requires that Employers covered by Title VII of the  Read More arrow

February 4, 2016

To “Air” is human

In a case of first impression, a woman has brought a discrimination-by-association suit under the ADA against her former employer. She claims that she suffered a hostile work environment as a result of her husband’s firing for having unrestrained flatulence. She had served as her husbands assistant and quit when he was fired. He had  Read More arrow

August 18, 2015

Americans With Disabilities Act Turns 25!

Here Are 15 Tips For Employers For Managing ADA Requests A “qualified individual” under the ADA must be able to perform the essential functions of a given job with or without reasonable accommodation. Employers must engage in a good-faith, open dialogue with the employee. The interactive process must involve making an individualized assessment of the  Read More arrow

June 23, 2015

Colorado Supreme Court upholds firing of quadriplegic employee for use of medical marijuana

In a somewhat surprising decision  The Colorado Supreme Court has  ruled  that Dish Network LLC was within its rights to fire a quadriplegic customer service representative who used medical marijuana. The employee relied upon a Colorado statute prohibiting employment actions against employees who engage in “lawful” activities when off-duty. The Court rejected the argument that “lawful”  Read More arrow

January 7, 2014

Extension of Tax Credits for Veterans Delayed

The Returning Heroes Tax Credit and the Wounded Warrior Tax Credit were initially authorized in November 2011 to provide tax incentives up to $9,600 for businesses to hire unemployed veterans.  These credits were extended through the end of 2013 by the American Taxpayer Relief Act of 2012. The Tax Extenders Act of 2013, S.1859, which  Read More arrow