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.
Category Archives: Disability
Subscribe to Disability RSS FeedGT Alert — Disabilities in the Workplace – Regulations to Implement the Equal Employment Provisions of the Americans With Disabilities Act Amendments Act
Posted in DisabilityThe 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
Workplace Safety Trumps Threats by Disabled Employee
Posted in DisabilityNormal 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
EEOC Publishes Final ADAAA Regulations
Posted in DisabilityFrom Tami D. Cowden of the GT Las Vegas office Today, the U.S. Equal Employment Opportunity Commission (EEOC) published the final, amended regulations adopted following the passage of the ADA Amendments Act of 2008 (ADAAA). The new regulations become effective on May 24, 2011, 60 days from publication. The ADAAA is not retroactive, however; it applies… Continue Reading
Obesity – Physical characteristic or physical impairment
Posted in DisabilityThe EEOC’s recent lawsuit – in which the agency alleges a New Orleans non-profit’s dismissal of Lisa Harrison, an obese employee, violated the ADA – has received widespread news coverage. But this is not the first time the EEOC has attempted to extend ADA coverage beyond its traditional bounds to include protection against weight discrimination…. Continue Reading
The ADA Amendments Act: Slowly Making Its Way Into Court Decisions
Posted in DisabilityThe 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
Leaves of Absence and the ADA
Posted in Disability, FMLAOne 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
The ADA: Headaches or a Litigation Perfect Storm?
Posted in DisabilityThe American Psychiatric Association has proposed dramatic changes to the Diagnostic and Statistical Manual of Mental Disorders (“DSM”). In a recent Los Angeles Times opinion piece (LA Times), the chairman of the task force that created the DSM-IV warned that, by “recklessly” setting too loose criteria for diagnosing mental disorders, the new proposed DSM-V will… Continue Reading
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