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Americans with Disabilities Act Archives

Number of unemployed people with disabilities rises

Some people here in Milwaukee may have heard the news last week that the number of unemployed people with disabilities has recently surged upward. The U.S. Department of Labor announced last week that 2 percent more disabled people sought unemployment benefits in January 2013 compared to January 2012.

EEOC says firm discriminated against worker with breast cancer

A key aspect of the Americans with Disabilities Act is the fact that employers need to grant reasonable accommodations to employees with disabilities. In order to eliminate artificial barriers to employment, employers must work with disabled employees to provide things that may be necessary such as a restructuring of duties, tools for the job, a job-protected leave, a modified work schedule or a reassignment, for example. When employers fail to abide by the law and provide accommodations, there may be consequences.

Class action settlement addresses complex ADA issue

Under the Americans with Disabilities Act, not only are employers here in Wisconsin and the rest of the country barred from discriminating against employees and job applicants based on their disabilities or perceived disabilities, but they are also prohibited from making certain inquiries about the health of employees and job applicants.

Court rules in favor of Wisconsin employer in ADA lawsuit

Under the Americans with Disabilities Act of 1990, employees and job applicants cannot be discriminated against on the basis of a disability or a perceived disability. A provision of the ADA also requires employers to keep confidential the medical information that they may obtain about their employees--this means that employers generally cannot share information about a workers' health or disability during a job reference call, for example.

Star of 'Blue Bloods' accuses CBS of disability discrimination

Here in Milwaukee, fans of the CBS cop drama 'Blue Bloods' may be aware of the real life legal issue troubling the show's star Jennifer Esposito. The actress, who has celiac disease, has accused CBS of placing her on unpaid leave rather than accommodating the needs she has due to a disability.

Are overweight workers being discriminated against in Wisconsin?

Here in Milwaukee, and throughout the country, people are protected from workplace discrimination based upon a number of things. These include race, age, disability, sex, pregnancy, nationality and religion, among others. However, Wisconsin residents may be surprised about something for which they can be discriminated against: their weight.

Wisconsin student with disability pursues veterinary career

A frequent topic in this Wisconsin employment law blog is the Americans with Disabilities Act. This federal law makes it illegal for employers to discriminate against a person because of his or her disability. In fact, it even requires employers to provide reasonable accommodations when a physical or mental disability makes a work activity difficult or impossible.

Home Depot Settles Disability Discrimination Lawsuit for $100,000

home depot pic.jpgHome Depot, the world's largest home improvement retailer, recently settled a disability discrimination lawsuit, filed by the EEOC on behalf of a worker, for $100,000. Judy Henderson, who worked for the home improvement chain as a cashier for 13 years, requested permission to take an unpaid leave of absence to attend cancer treatments. The EEOC alleged that while Home Depot granted the leave, it later advised Ms. Henderson that if she did not advise the company of her status during the leave it would terminate her employment. Ms. Henderson provided medical notes confirming her return to work date. Nonetheless, Home Depot fired her claiming an alleged lack of work. However, the EEOC noted that in the past Home Depot used temporary lay offs when there was a lack of work and the company even hired two cashiers after Ms. Henderson submitted her medical documentation. According to an EEOC press release, the Home Depot's excuse for termination "was but a subterfuge for disability discrimination." EEOC regional attorney, Debra M. Lawrence stated, "it flies in the face of common sense and common decency to refuse to work with an employee who is battling cancer."

Should disabled workers automatically be moved into vacant jobs?

Here in Wisconsin, and throughout the U.S., the Americans with Disabilities Act generally requires employers to move workers who may lose their jobs because of disabilities into vacant positions for which they are qualified. This is a very important protection under federal employment law, because a disability can strike an American worker at any time and this should not automatically result in job loss.

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