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January 2011 Archives

ADA may be broadened to include Internet

The Americans with Disabilities Act may be broadened by the Department of Justice to include the Internet and the ability of individuals with disabilities to access websites. When the Americans with Disabilities Act was crafted and then passed in 1990 the Internet was not an everyday fact of life. A time to publically comment on the expansion of authority of the ADA has recently closed as a new study shows those with disabilities do not use the internet at the same rate as those without disabilities.

Public school's business manager settles with school under FMLA

A public school district in Michigan has recently settled a wrongful termination lawsuit with its former business manager. The school's former business manager brought the suit under the Family Medical Leave Act and charged the public school did not abide by the 12 week of leave time set under the Family Medical Leave Act and instead fired her before she was allowed to return.

New Study Exposes Wage Violations for Day Laborers

A recent study conducted by the Seton Hall Law School Center for Social Justice has found that day laborers more often than not experience wage and hour law violations, a lack of proper safety equipment and other labor law violations made by employers. The study reviewed the workplace realities of 113 workers in the day labor market at seven different pick-up sites throughout the state of New Jersey.

Healthcare Services Company Fired Worker Who Had Cancer

The Equal Employment Opportunity Commission is suing Maxim Healthcare Services for violating the Americans with Disabilities Act after the company fired a 43-year-old mother who was fighting brain cancer and wanted to continue to work as she fought her battle against cancer. The company claims that the 43-year-old woman was no longer able to perform her job and was a safety threat to herself and to others. The 43-year-old mother passed away in August and her case is one of three cases to address changes made under the ADA that identified cancer as a disability.

High Marks for State Family Medical Leave Program

The state of California's family medical leave program is getting high marks from researchers who have studied the law since its passage almost a decade ago. The state of California's family medical leave program compliments the federal Family Medical Leave Act and provides additional benefits the federal law does not provide. Despite what pro-business advocates said before the passage of the law, the state law's impact has been minimal on businesses according to researchers.

EEOC Sees Spike in Job Discrimination Claims

Over the last year the Equal Employment Opportunity Commission has received the greatest amount of complaints in its entire history. The Equal Employment Opportunity Commission cites the state of the economy and a more diverse workforce as the central factors that have made the past year more active than previous years. In 2010, the Commission filed 250 lawsuits, settled 285 lawsuits, fielded 100,000 new complaints and resolved almost 105,000 complaints from the private sector.

Jewel-Osco Settles Lawsuit Brought Under Americans with Disabilities Act

Supervalu Inc., the corporate parent, of the supermarket chain Jewel-Osco has agreed to settle a lawsuit filed by former employees under the Americans with Disabilities Act. The parent of Jewel-Osco has agreed to pay $3.2 million for allegedly discriminating against employees with disabilities.

Collecting Social Security disability from a deceased or divorced spouse

Many times people wonder if they are entitled to any Social Security benefits from their deceased or divorced spouse. Whether they are interested in retirement or disability benefits, if the marriage lasted at least 10 years, there is a possibility that the surviving or divorced spouse is entitled to benefits based on the Social Security number of the ex or deceased spouse.

Former Teacher with Learning Disability Files Lawsuit Under ADA

A former middle school teacher who taught fifth-grade students multi-media and study skills has filed a lawsuit under the Americans with Disabilities Act against the school district she formerly worked for. The lawsuit claims that the school district did not properly accommodate the teacher's learning disability as she worked towards gaining her teaching certification. The former teacher is also the daughter of a school district board member.

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