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  • As with many areas of employment law, what appear to be common-sense solutions may run afoul of various employment laws, including the Americans with Disabilities Act, Title VII, and the Occupational Safety and Health Act.

    Do not require return-to-work medical examinations for employees who have traveled to an area with...

  • There has been a proliferation of ADA lawsuits alleging that websites are not accessible to the blind or deaf. Individuals who are blind or have low vision may require assistive devices and specialized software to access the Internet. These devices often include software that enables them to magnify the content...

  • This month marks 26 years of the ground-breaking Americans with Disabilities Act (ADA) taking effect. That legislation's mandates in employment, transportation, public accommodation, and communication didn't just make it easier for people with disabilities to receive an education and get a job. It also has created an ever-growing group...

  • One of the defenses available to an employer under the Americans with Disabilities Act (ADA) is the idea that an accommodation of a qualified individual with a disability cannot be made when the employee poses a “direct threat to the health or safety” of themselves or others. A “direct threat”...

  • On June 28, the Supreme Court of the United States issued an order accepting to hear an appeal out of Michigan in the case Fry v. Napoleon Community Schools, No. 15-497, order granting cert, (June 28, 2016), that presents the issue whether parents must exhaust the administrative due process procedures...

  • The play is the thing, said William Shakespeare's Hamlet. But the Americans with Disabilities Act is pretty important too, says the U.S. Department of Justice.

    A letter of finding issued by the Department of Justice notes The Young Shakespeare Players- East violated the Americas with Disabilities Act by failing to...

  • In last year’s Young decision, the U.S. Supreme Court found that an employer could not exclude pregnant employees from participation in a light duty work program absent demonstration of significant burdens that would result by opening participation to such employees. In a recent post-Young decision, the Second Circuit Court of...

  • In our June 2, 2016, article summarizing final wellness program regulations issued by the Equal Employment Opportunity Commission (“EEOC”) under Title I of the Americans with Disabilities Act (“ADA”), we noted the EEOC’s promise to post on its website a sample notice by which employers could satisfy the...

  • Under the Americans with Disabilities Act (ADA), places of public accommodation must ensure equal access to the goods and services they offer to disabled individuals. Is a company website subject to the ADA? The answer to that question is not as clear as website operators would like. This is a...

  • Job accommodations sought by workers with disabilities rarely come with a high price tag, but when they do, employers likely won't be able to deny their requests based on cost alone.

    That’s the view of the Equal Employment Opportunity Commission, at least for large employers, including the federal government, EEOC...

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