By now, most lawyers are aware that Title III of the ADA applies to activities of an entity whose operations “affect commerce” and is a “place of public accommodation” as defined by statute. 42 U.S.C. § 12181(7)(A)-(L). Commerce is defined as “travel, trade, traffic, commerce, transportation, or communication (A) among the several States; (B) between any foreign country or any … Continue Reading
Category Archives: Disability
Subscribe to Disability RSS FeedDo Employers Have to Offer Telecommuting as a Reasonable Accommodation?
Regular attendance is an essential function of most jobs. Thus, employers generally do not have to accommodate employees whose disability prevents them from regularly attending their job.
But a recent decision by the United States Court of Appeals for the Sixth Circuit sheds new light on what “attendance” may mean. In Equal Employment Opportunity Commission v. Ford Motor Company (6th … Continue Reading
Irregular Attendance May Render An Employee With A Disability “Unqualified”
In a recent case, Daniel Mecca v. Florida Health Services Center, Inc., Case No. 8:12-cv-02561 (M.D. Fla. February 3, 2014), a federal court in Florida held that where regular attendance is an “essential function” of a position and leave will not allow regular attendance now or in the immediate future, leave is not a “reasonable accommodation.”
After resigning his … Continue Reading
Florida’s Unemployment Process Violates The ADA – Warning For Employers
Florida’s requirement that applicants for unemployment insurance apply over the Internet and take an online skills test discriminated against the disabled, because they could not easily access the computerized process, according to the Department of Labor’s Civil Rights Center. The determination came in a case lodged by the Miami Workers’ Center and the National Employment Project, which claimed that disabled … Continue Reading
ADA Pool and Spa Accessibility Compliance Deadline is Rapidly Approaching
The current compliance date for making swimming pools and spas ADA accessible is January 31, 2013, although the deadline could be further extended by the U.S. Department of Justice. (DOJ has extended the compliance deadline on two occasions, but not for pools and spas constructed or altered on or after March 15, 2012). The requirements may include installing an independently … Continue Reading
Miscalculating Eligibility for FMLA Leave Can Be A Costly Mistake
Telling employees that they’re eligible for leave under the Family and Medical Leave Act when they’re not can be a costly mistake for an employer. That’s the message behind a recent Pennsylvania decision. In Medley v. Montgomery County, (E.D. Pa.) No 2:12-cv-01995, a nursing assistant worked fewer than the 1250 hours required to be eligible for FMLA leave. However, … Continue Reading
DOL Issues Notice of Rulemaking to Implement FMLA Amendments
On January 30, 2012, Secretary of Labor Hilda L. Solis announced that the U.S. Department of Labor is issuing a notice of proposed rulemaking to implement new statutory amendments to the Family and Medical Leave Act that would expand military family leave provisions and incorporate a special eligibility provision for airline flight crew employees.
The National Defense Authorization Act for … Continue Reading
