On March 4, 2013, the United States District Court for the Southern District of Florida, in the matter of Foley v. Morgan Stanley Smith Barney, LLC, Case No. 0:11-cv-62476-WILLIAMS, entered summary judgment in favor of employer Morgan Stanley, and against one of its former financial advisors, Ryan Foley, and held that an employee may lawfully be terminated for misconduct, even… Continue Reading
The Seventh Circuit recently examined whether an employee could assert disability discrimination based on a failure to accommodate where a non-disabled employee requested an accommodation to care for her disabled child. Magnus v. St. Mark United Methodist Church, No. 11-3767 (7th Cir. August 8, 2012). In the case, the employee sought an accommodation to take… Continue Reading
With the enactment of the ADA Amendments Act, there has been much attention focused on the expanded definition of a disability in which many, if not most, medical conditions qualify as a disability under the Act. However, perhaps overlooked, is that an employee who is disabled must still be qualified to perform the essential functions… Continue Reading
A bill has been introduced in the House of Representatives that would end the issuance of special certificates that allow employers to pay employees with disabilities below minimum wage.
The Americans with Disabilities Act (ADA) was enacted in 1990 to prevent employment discrimination on the basis of an employee’s disability. While the definition of disability has not changed with the enactment of the ADA Amendments Act of 2008 (ADAAA) and the final regulations promulgated thereunder, the scope of the definition has been expanded with specific… Continue Reading
Normal 0 false false false MicrosoftInternetExplorer4 From Marc B. Koenigsberg of GT Sacramento. Thanks and welcome to Marc! Last month, the California Court of Appeal ventured into the uncharted area of state law regarding how an employer may address disability-caused misconduct involving threats or violence against coworkers. In Wills v. Superior Court of Orange County… Continue Reading
The ADA Amendments Act (ADAAA) became law on January 1, 2009, but in reviewing some recently reported decisions, you would not know it. That is because almost all courts have held that the ADAAA does not apply retroactively. Thus, many recent court decisions have been decided under the ADA as it was constituted prior to the amendments…. Continue Reading
One of the most vexing areas in employment is the interaction of the Americans with Disabilities Act and the Family and Medical Leave Act for individuals on a leave of absence because of a disability. If an employee has a disability and needs to take a leave of absence, the employer may provide qualified employees with… Continue Reading