Showing 16 posts in Disability Discrimination.

EEOC Publishes Final Guidance on Workplace Harassment

May 7, 2024 by Kelechi Ajoku

On April 29, 2024, the Equal Employment Opportunity Commission (EEOC) published a final version of its Enforcement Guidance on Workplace Harassment. The new guidance provides  updates and agency direction on workplace harassment in virtual or online work environments, as well as harassment related to sexual orientation, gender identity, pregnancy, and religion. More ›

New York Extends Statute of Limitations For Discrimination Claims Under NYSHRL and Expands Restrictions on Settlement Agreements Involving Claims of Discrimination, Harassment, or Retaliation

December 12, 2023 by Jason S. Greenfield

New York State recently enacted two new employment law bills. The first law extends the statute of limitations for claims of discriminatory practices under the New York State Human Rights Law. The second law expands restrictions on non-disclosure provisions in settlement agreements for claims of discrimination, harassment, or retaliation. More ›

Useful Road Map for Employers to Conduct Direct Threat Analysis Under the ADA

March 16, 2022 by Linda K. Horras

Most employers are familiar with the Americans with Disabilities Act (ADA) and its requirement  to provide reasonable accommodations to qualified individuals with disabilities. There is less certainty about the extent of this obligation. For example, what if no reasonable accommodation could eliminate the danger—the "direct threat"—the individual poses in the workplace? More ›

New Illinois Employer Posting Requirements to Ring in the New Year

January 8, 2019 by Aimee E. Delaney

As Illinois employers get into the swing of 2019, do not forget Illinois has a new and additional posting requirement that came about as a result of amendments to the Illinois Human Rights Act in the Fall of 2018. That posting requirement obligates employers to post the notice found here with your other postings to employees and to include the substance of the content in your employee handbooks. It reminds employees of their right to be free from discrimination, sexual harassment, and retaliation, as well as their right to a reasonable accommodation for pregnancy and disabilities. More ›

Requesting an Accommodation After Violating a Work Rule Too Late Says Minnesota District Court

November 5, 2018 by Hinshaw & Culbertson LLP

In a failure to accommodate claim under the Minnesota Human Rights Act (“the MHRA”), a federal judge granted summary judgment for the employer, finding the employee’s after-the-fact explanation of his misconduct was not a valid request for accommodation under the MHRA. More ›

Uniform Application of Employment Policies Leads to Positive Outcome in Employee’s Suit

October 29, 2018 by Hinshaw & Culbertson LLP

The Seventh Circuit Court of Appeals recently explained that an employee’s inconvenience from a neutral workplace policy or the employer’s discretionary denial of benefits cannot support a claim under the Americans with Disabilities Act (“ADA”), Title VII of the Civil Rights Act (“Title VII”), or the Family Medical Leave Act (“FMLA”). More ›

Illinois District Court Weighs in on Essential Functions Under the ADA

October 24, 2018 by Linda K. Horras

A central tenet of the Americans with Disabilities Act is that an employee must be a qualified individual with a disability to receive its protections. A qualified individual with a disability must be able to perform the essential functions of the position with or without a reasonable accommodation. While an employer may modify the duties for an employee to accommodate medical restrictions, this does not mean the essential purpose of the original job must change. The Northern District of Illinois recently addressed this issue in a case involving a Chicago police officer. The officer had suffered several disabling strokes. For years, she worked in a light duty assignment taking police reports over the phone. More ›

Rigid Compliance with Company Policy May Violate the ADA

August 29, 2018 by Linda K. Horras

The Sixth Circuit Court of Appeals recently issued a decision upholding a jury's guilty verdict against a large national retailer. Although a straightforward application of the Americans with Disabilities Act, this case a great example of how strict enforcement of company policy can run afoul of the Act’s prohibition against discrimination and an employer’s obligation to provide reasonable accommodations. More ›

Positive Result for Employer: New Jersey Federal District Court Holds No Duty to Waive Drug Test for Medical Marijuana Patients

August 27, 2018 by Hinshaw & Culbertson LLP

New Jersey is the latest state to offer clarity on an employer's obligations to accommodate its employees' medical marijuana use. In Cotto v. Ardagh Glass Packaging, New Jersey's Federal District Court held that neither the New Jersey Law Against Discrimination ("NJLAD") nor the New Jersey Compassionate Use Medical Marijuana Act ("CUMMA") requires an employer to waive a drug test as a condition of employment for an employee who uses medical marijuana. More ›

When an Employer Must Accommodate a Full-Time Employee with Part-Time Hours

August 27, 2018 by Linda K. Horras

Working full-time hours is an essential function of a full-time job, right? Not necessarily, said the Sixth Circuit Court of Appeals in a Hostettler v. The College of Wooster. When the job can be done on a reduced schedule, at least in the short term, employers have a duty to accommodate. More ›

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