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Americans with Disabilities Act Archives

ADA v ADAAA: Firefighter loses discrimination claim

Plenty of people in Wisconsin have a disability but are still able to work. The Americans with Disabilities Act serves to protect citizens with disabilities from discrimination. Amendments to the act were passed in 2009 to offer even broader protections.

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.

ADA does not extend to medical marijuana use

Wisconsin has not entered the medical marijuana fray, yet, but lawmakers here may want to take note of a recent development. A federal appeals court has declined to rule that the use of medical marijuana by severely disabled persons was protected by the federal Americans with Disabilities Act. The law protects disabled people in Wisconsin and throughout the nation against discrimination in employment, public accommodations, government programs and other important areas.

Medical Examinations of Job Applicants

stethoscope.jpgA motor carrier company in Indiana, Celadon Trucking Services, Inc., was sued by the EEOC for allegedly requiring applicants to submit to physical examinations, in violation of the Americans With Disabilities Act ("ADA"). See EEOC v. Celadon Trucking Services, Inc., Cause No. 1:12-cv-0275-SEB-TAB. The problem, according to the EEOC, is not that Celadon required applicants to undergo a pre-employment physical examination, but that it did so before giving the applicants a conditional offer of employment.

Postal worker shot down in discrimination case

A postal worker was fired from his job for his prolonged period of absence. However, the former employee claims that it was a case of discrimination. The case addresses the definition of disability and return to work agreements.

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