With the changes to the ADA laws a few years back broadening the definition of a “disability”, there was some speculation (including on this blog) that we would not see very many instances where a court would throw out an ADA claim on the grounds that the employee could not prove he had a disability…. Continue Reading
Tag Archives: adaaa
Is Being On Time an Essential Function of Job? Second Circuit Says Most Times But Not Always
Posted in Discrimination & Harassment, Highlight, Human Resources (HR) Compliance, Litigation, Manager & HR Pro’s Resource CenterI’m late / I’m late / For a very important date. / No time to say “Hello, Goodbye”. / I’m late, I’m late, I’m late. — White Rabbit, from “Alice in Wonderland” (1951) Let’s start with the premise, as the Second Circuit does, that “In many, if not most, employment contexts, a timely arrival is… Continue Reading
A Look Back at Obama’s (First?) Four Years and Employment Law
Posted in Discrimination & Harassment, Labor Law & NRLB, Laws and Regulations, Legislative Developments, Wage & HourFinally, today is Election Day. And while the pundits tonight will all look forward to what the next four years might bring, it’s worth taking a quick peek back at Obama’s (first?) four years with a review of some of the posts from 2008-9. Before his term, there were predictions that he would be good… Continue Reading
Does Cabbie’s Fear of Dogs Trump Requirement to Allow Service Dogs?
Posted in Discrimination & Harassment, Highlight, Human Resources (HR) Compliance, LitigationA cab driver, who claims he suffers from cynophobia (a fear of dogs) and who refused to pick up a blind customer with a service dog, has filed a federal lawsuit against his employer for discrimination on account of his disability after he was fired. The suit of Ahmad v. Yellow Cab Co., which was filed… Continue Reading
FAQ on Applying Performance Standards to Employees with Disabilities
Posted in CHRO & EEOC, Discrimination & Harassment, Highlight, Human Resources (HR) Compliance, Laws and Regulations, Manager & HR Pro’s Resource CenterAt the core of every employment relationship is the expectation that the employee will perform the job satisfactorily. But what happens to those performance expectations when an employee has a disability? As the federal government has acknowledged, The Americans with Disabilities Act, which prohibits “employment discrimination against qualified individuals with disabilities, generally do[es] not impinge… Continue Reading
Court: No Injury by Employer = No Standing = No Case
Posted in Discrimination & Harassment, LitigationThe running joke by employment lawyers is that even though Connecticut is an at-will employment state, employees can sue their employers at any time for any reason or no reason at all. (I’ll wait while you laugh groan.) The joke touches on the perception by employers that employees can seemingly file the most frivolous of… Continue Reading
Regarding Employee as “Paranoid” and “Irrational” Not Enough To Satisfy ADA (at least pre-ADAAA)
Posted in Discrimination & Harassment, LitigationYou’ve seen a lot on this blog about how the ADA Amendments Act (ADAAA) may have a significant impact on how employment discrimination cases proceed. We haven’t had many cases yet to judge that on because the Act was not retroactive, but a case recently decided in Connecticut District Court gives us some insight into… Continue Reading
Impairments That Merely Affect Major Life Activities Not Covered by ADA, Says Federal Court
Posted in Discrimination & Harassment, LitigationToday, my colleague Jonathan Orleans makes a return engagement to the blog, updating us on a decision released by the District Court of Connecticut yesterday that has relevance to various ADA cases in the state. The Defendant was successfully represented by another colleague of mine here at the firm, Marcy Stovall. A decision issued yesterday… Continue Reading
New Postings Required for Employers Effective November 21, 2009
Posted in CHRO & EEOC, Human Resources (HR) Compliance, Laws and RegulationsKeeping track of workplace posters is assuredly one of the most mundane aspects for a human resources department but for the next few weeks, perhaps it’ll get a little more exciting. For the first time in a while, employers that are covered by federal anti-discrimination laws (typically 15 or more employees) will need to update… Continue Reading
ADA Amendments and Proposed Regulations Webinar Materials Now Available Online
Posted in Laws and RegulationsThanks to all the people who joined us for our webinar on the ADA Amendments Act and the proposed implementing regulations. Our attendance continues to exceed our expectations and we’ll continue with this monthly series every second Wednesday of the month (though note that we’ll be moving the date of the November one in honor… Continue Reading
Reminder: Free Webinar on What Employers Need to Know about ADA Proposed Regulations and ADA Amendments Act
Posted in CHRO & EEOC, Laws and RegulationsThere’s about 24 hours to go to sign up for the next free monthly webinar. It’s set for tomorrow, Wednesday, October 14th at noon. You can register for it here. A few weeks ago, the EEOC released new proposed regulations interpreting the ADA Amendments Act. These proposed regulations and the Act have raised questions for employers… Continue Reading
ADA Amendments Act and ADAAA Proposed Regulations – What Employers Need to Know
Posted in CHRO & EEOC, Laws and RegulationsWith the EEOC’s release of new proposed regulations interpreting the ADA Amendments Act, many employers have even more questions about this new law. What disabilities are covered? How should we deal with requests for accommodations? We’ll attempt to answer as many of these frequently asked questions as we can at our monthly webinar set for October… Continue Reading
New Proposed ADA Regulations Finally Available for Download
Posted in CHRO & EEOC, Discrimination & Harassment, Laws and RegulationsNearly a week after voting to approve proposed regulations implementing the ADA Amendments Act, the actual text of the proposed regulations is finally trickling out on the internet. You can download a copy here. (Thanks to HRHero for posting them.) At 93 pages long, there’s a lot to digest. I’ll have a more thorough post… Continue Reading
Quick Hits: BMI, E-Verify Delays, NLRB Two-Member Board Decisions, Starbucks & Tips, Twitter
Posted in CHRO & EEOC, Class Actions, Discrimination & Harassment, Human Resources (HR) Compliance, Labor Law & NRLB, Laws and Regulations, Litigation, Wage & HourWith all the developments the last week or two with the Connecticut legislative session, it’s been difficult to keep up with everything ELSE happening in employment law. So, time for a "Quick Hits" post, where I recap some of the stories you might have missed relating to the world of labor and employment law that might… Continue Reading
Dear Mr. President….An Inauguration Day Letter on Employment Law
Posted in Laws and RegulationsDear Mr. President: Congratulations on your inauguration today! I hope you enjoy the day because when you wake up tomorrow, I suspect that you’ll realize there are a lot of items on your "to-do" list (though taking out the garbage probably isn’t on there anymore.) With two wars and a recession to deal with, I wanted… Continue Reading
Quick Takes: Legislative Updates; “Super Secret HR Stuff”, First Amendment Rights, Lilly Ledbetter, ADAAA
Posted in Discrimination & Harassment, Human Resources (HR) Compliance, Laws and Regulations, LitigationWith another holiday weekend approaching, there’s time enough this morning for a few quick stories about a wide range of employment issues with relevance to employers in Connecticut. As I look out from my office (and wondering where the snow is in Hartford), here are a few stories to ponder: The Connecticut General Assembly is… Continue Reading
About Daniel Schwartz
Trusted advisor. Experienced employment law attorney. Bar leader. Award-winning author. Noted Speaker. "Legal Rebel". All can be said to be apt descriptions of Daniel Schwartz, a member of Pullman & Comley. More +
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