We use cookies to customise content for your subscription and for analytics.
If you continue to browse Lexology, we will assume that you are happy to receive all our cookies. For further information please read our Cookie Policy.

Search

Clear all

Refine your search

Content type

Tags

Author

19 results found

Article

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.

Article

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.

Article

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.

Article

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”.

Article

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.

Article

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.

Article

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.

Article

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.

Article

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.”

Article

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.

Previous page 1 2