The Labor & Employment Law Blog Focusing on legal trends in data security, cloud computing, data privacy, and anything E

Tag Archives: Americans with Disabilities Act

Ninth Circuit Clarifies the Interactive Process Does Not Apply to Public Accommodations under Title III

Posted in Disability Discrimination, Discrimination, Labor Law

By:  Nicholas E. Ma The United States Court of Appeals for the Ninth Circuit recently confirmed in Tauscher v. Phoenix Board of Realtors, Inc. that while employers must engage in an “interactive process” with disabled employees to explore possible accommodations, there is no interactive process requirement for public accommodations and services.  By the same token,… Continue Reading

Governor Brown Signs a Law to Help Small Businesses Defend Against State Disability Access Lawsuits

Posted in Disability Discrimination, Discrimination, Labor Law, New Legislation and Regulations

On May 10, 2016 Governor Brown signed Senate Bill 269 (SB 269) which amends certain California statutes dealing with disability access in public accommodations and business establishments. SB 269 is not a new law, but rather, an effort by the Legislature and Governor Brown to amend existing law in order to address the significant financial… Continue Reading

THE EEOC JUST KEEPS ON GIVING! New “Guidance” Document Re: Employer-Provided Leaves And The ADA

Posted in Disability Discrimination, Discrimination, Employee Privacy Rights, FMLA and Other Leaves of Absence, Labor Law, New Legislation and Regulations, Wage & Hour

On May 9, 2016 the EEOC issued yet another “guide” – this time to outline its position on when and how leave must be granted for reasons related to an employee’s disability under the Americans with Disabilities Act (“ADA”).  The publication, entitled “Employer-Provided Leave and the Americans with Disabilities Act,” contains information on the EEOC’s… Continue Reading

EEOC Issues Updated Guidance Regarding Pregnant Employees Discusses Employer’s Obligation to Accommodate and Not Discriminate

Posted in Disability Discrimination, Discrimination, FMLA and Other Leaves of Absence, New Legislation and Regulations

On July 14, 2014 the EEOC issued its updated “Enforcement Guidance on Pregnancy Discrimination and Related Issues” (“Guidance”).  The stated purpose of the Guidance is to provide information regarding the Pregnancy Discrimination Act (“PDA”) and the Americans with Disabilities Act (“ADA”) as they apply to pregnant employees.  In addition to the new Guidance, the EEOC… Continue Reading

THE EEOC IS “OFF TO THE GINA RACES”

Posted in Disability Discrimination, Labor Law

JUST ONE WEEK AFTER FILING (& SETTLING) IT’S FIRST EVER “GINA” LAWSUIT, IT HAS NOW FILED ITS FIRST “GINA” CLASS ACTION By:  Lizbeth V. West, Esq. The EEOC issued a press release on May 16, 2013 announcing that it has filed a class action against The Founders Pavilion, Inc. (“Founders”), a nursing and rehabilitation center… Continue Reading

EEOC Issues Revised Publications Regarding the Employment Rights of People with Specific Disabilities

Posted in Labor Law, New Legislation and Regulations

By:  Lizbeth V. West, Esq. On May 15, 2013, the EEOC issued a press release announcing revised publications regarding employment rights for four categories of individuals with specific disabilities. The publications address how the Americans with Disabilities Act (ADA) applies to applicants and employees with cancer, diabetes, epilepsy, and intellectual disabilities.

Which Way To Go On The Interactive Process?

Posted in Labor Law

By:   Brendan J. Begley A federal appellate court in the Midwest issued a decision this week that may provide a false sense of security to California employers regarding the extent of their obligation to accommodate disabled employees. See Basden v. Professional Transportation, Inc., Case No. 11-2880 (7th Cir. May 8, 2013).

The California Supreme Court Issued A Win For Businesses Who Prevail In Disability Access Cases In California

Posted in Labor Law

By:  Lizbeth V. West, Esq. On December 17, 2012, the California Supreme Court issued its decision in Jankey v. Lee. The Court ruled that prevailing defendants in disability access cases brought under both the Americans with Disabilities Act (“ADA”) and California Civil Code section 55 are entitled to their attorney’s fees just like prevailing plaintiffs are…. Continue Reading

Is It Discrimination To Require A High School Diploma?

Posted in Disability Discrimination, Discrimination

By:       Scott M. Plamondon The Equal Employment Opportunity Commission (“EEOC”) thinks so. The EEOC recently posted a letter to its website stating that it may be unlawful for employers to require a job applicant to have obtained a high school diploma if the applicant suffers from a learning disability and has been unable to obtain one. The… Continue Reading