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Category Archives: Disability Discrimination

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Did You Know…Depression Does Not Automatically Qualify An Employee For FMLA Leave

Posted in Court Decisions, Disability Discrimination, Discrimination, Leave Laws

In recent years, employers have been bombarded by increasing numbers of lawsuits by employees with mental disabilities alleging discrimination and retaliation.  These lawsuits are based on a variety of theories including alleging being denied federal and/or state protected medical leave.  In a small blow to this growing trend, however, the Eleventh Circuit recently vacated a… Continue Reading

Did You Know…New Informal Guidance From EEOC & FTC Re Background Checks

Posted in Disability Discrimination, Discrimination, Privacy

As we recently reported at our annual employment law update, additional restrictions are being placed on the use of background checks in light of the potential for disparate impact and invasion of the right to privacy. Recently, the EEOC and FTC** issued joint informal guidance concerning the issues employers may face when consulting background checks… Continue Reading

Did You Know… A New San Francisco Ordinance Imposes a Duty on Employers to Consider and Respond to Employee Requests for Flexible Work Arrangements

Posted in Disability Discrimination, Leave Laws, Wage and Hour

On October 1, 2013, the San Francisco Board of Supervisors approved the Family Friendly Workplace Ordinance, giving employees the right to request flexible work schedules to assist with caregiver responsibilities.  Under the ordinance, San Francisco employers will be required to formally consider and respond to such requests.  San Francisco Mayor Ed Lee has stated that… Continue Reading

Did You Know…EEOC Clarified That “Disability” Within the Meaning of the ADA Now Includes Cancer, Diabetes, Epilepsy, and Intellectual Disabilities

Posted in Disability Discrimination

Recently, the U.S. Equal Employment Opportunity Commission (“EEOC”) updated its informal guidance on how the Americans with Disabilities Act (“ADA”) applies to job applicants or employees with cancer, diabetes, epilepsy, and intellectual disabilities.  Since Congress passed the ADA Amendments Act (“ADAAA”) in 2008, the EEOC has received frequent questions from employers regarding how the ADA applies… Continue Reading

Did You Know…New Regulations Released Governing Disability Discrimination in California

Posted in Disability Discrimination, Handbooks

As we recently reported to you at our 2013 Emerging Employment Law Seminar,  the California Fair Employment and Housing Commission (FEHC) implemented new and amended regulations governing disability discrimination, reasonable accommodation, and the interactive process under the California Fair Employment and Housing Act (FEHA) (2 Cal. Code Reg. Sections 7293.5 et seq.).   The regulations emphasize… Continue Reading

Did You Know…New Pregnancy Regulations in Effect in California

Posted in Disability Discrimination, Handbooks, Leave Laws

As we recently reported to you at our 2013 Emerging Employment Law Seminar, the California Fair Employment and Housing Commission (FEHC) implemented new and amended regulations addressing employers’ obligations and employees’ rights and responsibilities regarding pregnancy under the California Fair Employment and Housing Act (FEHA) (Title 2, California Code of Regulations, Sections 7291.2 et seq.).  Employers… Continue Reading

Did You Know…Coverage Under ADA Includes Relatively Common Mental Health Conditions

Posted in Disability Discrimination

Recently, U.S. District Judge Edward F. Shea ruled that Cottonwood, which does business as The Cash Store, violated the Americans with Disabilities Act and the Washington Law Against Discrimination when it fired manager Sean Reilly, who suffers from bipolar disorder, from its Walla Walla, Washington store.  (Equal Employment Opportunity Commission v. Cottonwood Financial Ltd., Case… Continue Reading

Did You Know…Employers Should Limit Health-Related Inquiries to Employee’s Ability to Perform the Job

Posted in Disability Discrimination

In EEOC v. Dillard’s Inc. [PDF], a federal district court in California ruled that a retail chain’s attendance policy, which required employees to provide a doctor’s note identifying the nature of a health-related absence for such absences to be excused, violated the Americans with Disabilities Act (ADA). The ADA provision at issue prohibits covered employers… Continue Reading