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Americans with Disabilities Act Archives

Cases show importance of training on ADA requirements

Some employers in Wisconsin and elsewhere seem to have a poor understanding of their responsibilities under the Americans with Disabilities Act as well as the rights of their employees under the law. When an employer violates the provisions of the ADA, resulting in harm to a disabled employee, the employee may file a complaint with the Equal Employment Opportunity Commission.

Wisconsin court upholds employer wellness program

A noteworthy employment law challenge brought by the Equal Employment Opportunity Commission was struck down by the U.S. District Court for the Western District of Wisconsin in 2015. In April 2016, it was revealed that the EEOC had appealed the decision to the U.S. Court of Appeals for the 7th Circuit. The original decision concerned a Wisconsin manufacturer that forced its workers to undergo a wellness program before they could be covered under the company's health plan. The court ruled that this practice fell under the allowed exceptions of the Americans with Disabilities Act because it counted as risk underwriting.

Employer documentation important in possible ADA situations

Wisconsin employers may be aware of the potential repercussions for discrimination against an employee who is disabled. However, it is also important to exercise caution in dealing with individuals who might be regarded as disabled. An Illinois community college faced legal action because of changes in work responsibilities for an adjunct professor who underwent triple bypass surgery. Although the initial court decision favored the college, an appeal partly favored the instructor, resulting in portions of the case being sent back for a jury trial.

Seniority systems may override employee discrimination laws

In a ruling that disabled professionals in Wisconsin and other states may find interesting, the U.S. Court of Appeals for the Seventh Circuit decided in favor of United Airlines after the company ceased honoring a disabled employee's job reassignment. Although the man subsequently brought a discrimination claim against the airline, on Dec. 3, the court ruled that the employer wasn't bound by the Americans with Disabilities Act to provide a guarantee of reassignment because it had a seniority system in place for determining who should receive jobs.

Your right to reasonable accommodations in the workplace

Your disability might make it more difficult for you to perform otherwise easy tasks, but you have learned to adapt, jump hurdles and move forward with your personal development. Being employed in Wisconsin provides a person with a sense of dignity and purpose — especially those with disabilities.

How does the ADA protect Wisconsin employees?

Under the Americans with Disabilities Act, persons with a disability have the right to work, just like any other American citizen. The law protects these individuals from being discriminated against in the workplace, both while they are working and before they even get hired. In addition, workers whose relatives are disabled may also be covered by the ADA.

Fewer disabled Americans employed now than before passage of ADA

It has been a quarter of a century since the Americans with Abilities Act was signed into law by President George H.W. Bush. One of the primary goals of the ADA was to improve employment opportunities for those considered to be disabled under the Act by requiring employers to make reasonable accommodations.

Dunkin’ Donuts sued for ADA violation

Disability comes in many different forms, and it is the duty of employers to both avoid discrimination and provide reasonable accommodation. OHM Concessions Group, LLC and their subsidiary, coffee chain Dunkin’ Donuts, are being sued for forgetting these responsibilities laid out by the Americans with Disabilities Act.

What rules apply to service animals?

Often, Americans with disabilities will rely on a service animal to help them perform everyday tasks. The most common example is a service dog leading a blind person. These animals are protected by the Americans with Disability Act to be able to go anywhere their owner does. There are a few important facts to keep in mind when it comes to service animals.

Who qualifies for disability under the ADA?

The Americans with Disabilities Act was signed into law in order to protect people with mental or physical handicaps. Under the ADA, employers cannot legally discriminate against someone because they have a disability. It also compels public transportation, telecommunications and government buildings to make their services accessible to those who may have trouble walking, hearing, seeing or are disabled in some other way.

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