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Article

Fenwick & West LLP | USA | 8 Apr 2011

EEOC issues final regulations implementing ADA Amendments Act

On March 24, the EEOC issued its Final Regulations ("Regulations") implementing Congress's Americans with Disabilities Act Amendments Act of 2008 ("ADAAA").

Article

Fenwick & West LLP | USA | 8 Apr 2011

Defendant's "overwhelming evidence" of poor performance defeats ADA claim

In Whitfield v State of Tennessee, the Sixth Circuit Court of Appeals (Cincinnati) upheld judgment for an employer who had presented "overwhelming evidence" that performance problems, as opposed to her status as a disabled person, caused her termination.

Article

Fenwick & West LLP | USA | 12 May 2010

HIV-positive manager may bring claim under amended ADA

In one of the first reported cases applying the ADA Amendments Act, which took effect on Jan. 1, 2009, a district court in Northern Illinois held in Horgan v. Simmons that an employee who was fired a day after disclosing his HIV-positive status to the president of his company could pursue a claim for discrimination and impermissible medical inquiry claims under the amended Americans with Disabilities Act.

Article

Fenwick & West LLP | USA | 11 Dec 2009

Ninth Circuit holds that independent contractors may sue under Rehabilitation Act

In Fleming v. Yuma Regional Medical Center, the Ninth Circuit (San Francisco) ruled that independent contractors, in addition to “employees,” may bring discrimination claims under the Rehabilitation Act.

Article

Fenwick & West LLP | USA | 11 Dec 2009

California Supreme Court reinstates disability harassment verdict and clarifies punitive damages standard

In a recent decision, the California Supreme Court reinstated a jury verdict of disability harassment but recognized important constitutional limits on the accompanying punitive damages award.

Article

Fenwick & West LLP | USA | 16 Jul 2009

Employer’s refusal to modify flooring to aid in use of service dog may violate ADA

In McDonald v. Department of Envtl. Quality, the Montana Supreme Court reversed a trial court’s ruling that an employer has no duty to provide accommodations regarding service animals, reasoning that “if a disabled employee’s assistive device is not usable in the workplace, then allowing her to bring the assistive device to work is pointless.”

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