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July 2012 Archives

Owner of 25 Wisconsin McDonald's settles sexual harassment claim

The owner of 25 McDonald's franchises in Wisconsin is settling a federal class action lawsuit for sexual harassment. The U.S. Equal Employment Opportunity Commission is suing on behalf of 10 female employees.

EEOC case settles; company pays for discrimination in hiring

When we hear the word "disability," we tend to think of disabilities that are obvious. We know that a person in a wheelchair or a person with a white cane has a disability. There are, though, less obvious types of disability that we may not notice right away: mood disorders or chronic diseases, for example. Congress understood this when crafting the Americans with Disabilities Act.

Duty to Accommodate

A newspaper recently agreed to pay a disabled employee $150,000 to settle a disability discrimination lawsuit.  A commercial print manager for the Jackson Sun took a medical leave of absence from work related to a spinal surgery and subsequent permanent spinal cord damage.  Following his return to work, and after only one week back on the job, the print manager was fired.  An EEOC press release alleges that Jackson Sun did not make a good-faith effort to accommodate the print manager's disability.

Fired library director claims ADA violation and age discrimination

Working with the Equal Employment Opportunity Commission, a former library services director has filed a lawsuit against her employer after being fired in alleged violation of the Americans with Disabilities Act and age discrimination laws. After working at a county library district for seven years, she was diagnosed with cancer and had to be hospitalized after undergoing surgery.

Circuits come closer on 'motivating factor' test in ADA cases p3

We are wrapping up our discussion of a 6th Circuit Court of Appeals decision that the majority said would bring the circuit into line with the other federal appeals courts. It will not, according to critics. The decision adds another variation to the interpretation of what lawyers refer to as causation language in the Americans with Disabilities Act.

Circuits come closer on 'motivating factor' test in ADA cases p2

We are continuing our discussion of a 6th U.S. Circuit Court of Appeals decision. A woman claimed that her former employer fired her at least in part because her medical condition required her to use a wheelchair. A decision like that would have been a violation of the Americans with Disabilities Act.

Circuits come closer on 'motivating factor' test in ADA cases

When the federal circuit courts of appeal disagree on the interpretation of a federal law, a couple of things can happen. At times, the U.S. Supreme Court can settle the matter by hearing a case and rendering a decision. Another possibility is that the circuits can slowly align over time, agreeing one by one that a particular interpretation makes more sense.

Friends and Family Lend Helping Hand for Disability benefits

During an application for Social Security Disability benefits, family and friends can June 2012 image.jpglend a helping hand by providing supporting evidence at various stages. The first is completing a Function Report - Adult - Third Party. This is a form sent by Social Security asking that someone other than the claimant but familiar with them to describe the claimant's disability, daily life activities and provide any other supporting information.

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