Category Archives: Disability

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Reasonable Accommodations Under the ADA Do Not Require Changing a Job’s Essential Functions

Weldon Williams, a pharmacist, suffered from diabetes which limited his ability to stand for extended periods of time. Williams sued his former employer Revco Discount Drug Centers, Inc., d/b/a CVS Pharmacy, Inc. (“CVS”) alleging that CVS failed to accommodate his requests for an accommodation under the Americans With Disabilities Act (“ADA”). Williams “acknowledged that his … Continue Reading

Are Websites Places of Public Accommodation?

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 … Continue Reading

Do 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 … 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 … 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 … 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 … 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 … Continue Reading
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