Posted on July 30, 2018 by Ruder Ware Alumni
Blog
Many are unaware that the Americans with Disabilities Act (“ADA”) applies to websites as well as physical facilities. A review of court dockets around the country shows that plaintiffs are filing an increasing number of lawsuits against companies alleging that their websites are not “accessible” to individuals with disabilities as required by the ADA. In […]
Posted on July 25, 2018 by Ruder Ware Alumni
Blog
There have been a lot of court cases over the years that have acknowledged that attendance at work is a critical (and logical) essential function of someone’s job. A recent decision by the Sixth Circuit Court of Appeals has raised a caution about this conclusion. In its decision, the Court of Appeals reversed a summary […]
Posted on July 2, 2018 by Ruder Ware Alumni
Blog
Several recent federal court decisions have reaffirmed the right of an employer to require an employee to work extra hours or rotating hours of work as a part of the normal duties of a position provided there is legitimate reason for such requirement. In two cases, the federal courts have acknowledged that overtime can be […]
Posted on March 8, 2018 by Ruder Ware Alumni
Blog
I recently did a blog about obesity as a disability under the Wisconsin Fair Employment Act. I concluded that the condition of obesity did not automatically constitute a disability although courts could find that an employer discriminated against an obese person if it perceived the person to be adversely impacted by the obese condition and […]
Posted on January 18, 2018 by Ruder Ware Alumni
Blog
We are seeing a growth in disability claims based upon mental health conditions which is very troubling for employers because it is hard to understand whether an employee actually has a mental health condition and it is certainly hard to quantify how that condition impacts the performance of the employee. A recent decision from the […]
Posted on November 17, 2017 by Ruder Ware Alumni
Blog
As the after effect of the recent Seventh Circuit Court of Appeals decision about extended leave as an accommodation continues to develop, a serious question is developing of whether an employer is obligated to give an extended leave to a person with a disability who has exhausted their twelve weeks of federal medical leave. The […]
Posted on May 31, 2017 by Ruder Ware Alumni
Blog
A recent decision in the Northern District of California highlighted the importance of employers applying a consistent rule that employees must notify the employer if they are unable to report to work, even if the employee suffers from a disabling condition. In a recent decision, the Federal Court Judge held that a Company properly terminated […]
Posted on November 3, 2016 by Ruder Ware Alumni
Blog
Two recent decisions regarding disability discrimination have outlined an employer’s responsibilities when dealing with a potential claim of disability and need for accommodation. These decisions offer reminders for employers of the importance of recognizing potential disability claims and addressing them promptly. In the first decision, the Eighth Circuit Court of Appeals concluded that an employee […]
Posted on April 14, 2016 by Ruder Ware Alumni
Blog
A recent decision from the 8th Circuit Court of Appeals addressed whether obesity automatically qualifies as a disability under the Americans with Disabilities Act. In a decision filed by an applicant for employment who was ultimately denied employment because of his severe weight and body mass index, the Court of Appeals held that obesity (in […]
Posted on April 4, 2016 by Ruder Ware Alumni
Blog
In a recent blog, I wrote about the potential of litigation requiring a business to make its website ADA accessible. I noted that it is still not clear what a business may be required to do under this legal argument. A recent court decision in California has not clarified what a business may be required […]