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19 results found


Fox Rothschild LLP | USA | 17 Dec 2012

Don't call an employee with osteoarthritis "cripple" or "hopalong"

In a decision otherwise of little note, a federal appeals court has ruled in a case from Georgia that an employee who, because of her medical condition, was called “cripple” and “hopalong” by her supervisor, did not have a claim under the ADA because she was not “disabled” under the pre-amendment ADA.


Fox Rothschild LLP | USA | 28 Sep 2012

EEOC lawsuit: employee with depression fired by company that services persons with mental health problems

Yesterday we blogged that the EEOC has filed a number of ADA lawsuits, perhaps signaling the nature of their current agenda.


Fox Rothschild LLP | USA | 14 Sep 2012

Disabled workers who are fired because of their disability must be reassigned to a vacant position

A federal appeals court has just reversed itself and upheld the EEOC position that an ADA provision relating to “reassignment” requires that employers appoint to a vacant position for which they are qualified those employees who are losing their current positions due to disability.


Fox Rothschild LLP | USA | 12 Sep 2012

Claims of employment discrimination based upon disability may not be brought under Title II of the ADA

Title I of the ADA prohibits employment discrimination against “a qualified individual with a disability”.


Fox Rothschild LLP | USA | 12 Sep 2012

Another case involving associational discrimination and employee caregivers

An employee, not otherwise disabled, is fired because he takes time off to care for a disabled son.


Fox Rothschild LLP | USA | 11 Sep 2012

Under the ADA no need to accommodate employee who cares for disabled daughter

The concepts of “associational discrimination” and “family responsibilities discrimination” have just met in a case arising out of Illinois.


Fox Rothschild LLP | USA | 23 Aug 2012

Under the ADA, psychological counseling may be a prohibited "medical examination"

The ADA forbids employers from requiring medical examinations unless they are job-related.


Fox Rothschild LLP | USA | 2 Jul 2012

Laws explicitly addressing obesity discrimination more effective than treating obesity as a disability: new academic study

We have written a lot about persons who experience discrimination in employment based either on physical appearance or obesity, and how only one state Michigan and only 6 cities prohibit such discrimination.


Fox Rothschild LLP | USA | 8 Feb 2012

Diabetes - serious illness but is it always a "disability?" It depends

Under the ADA, a qualified individual cannot be discriminated against based upon his “disability.”


Fox Rothschild LLP | USA | 7 Nov 2011

You better not have a fishy reason to fire someone right after he tells you he has a disabling condition

In our blog entry of March 29, 2011, we wrote about the logical fallacy known as “post hoc ergo propter” believing that “temporal succession” implies a causal relation.

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