Connecticut Employment Law Blog Insight on Labor & Employment Developments for Connecticut Businesses

Tag Archives: adaaa

Connecticut Court: Perceived Disability Claims May Proceed Under State Law

Posted in CHRO & EEOC, Discrimination & Harassment, Highlight, Human Resources (HR) Compliance, Litigation

My colleague, Jarad Lucan, returns today with a post discussing a new Connecticut Supreme Court case that has expanded the state’s anti-discrimination laws when it comes to disability claims.  When Congress enacted the Americans With Disabilities Act (ADA), it recognized that fears, misperceptions, and stereotypes about disabled individuals are so pervasive that employment discrimination reaches… Continue Reading

Cancer and the Workplace: Tips for Employers

Posted in CHRO & EEOC, Discrimination & Harassment, Highlight, Human Resources (HR) Compliance, Manager & HR Pro’s Resource Center

Hope you all had a wonderful Thanksgiving weekend. Last week, I shared my family’s personal story about how cancer has impacted us.  With that in mind, I thought I would share a few tips for employers.  Even if you don’t presently have an issue with an employee, it’s worth familiarizing yourself with some of the… Continue Reading

A Thanksgiving to Remember: When Cancer Strikes

Posted in Featured, Highlight

The moment when you learn your wife has cancer gets imprinted on your brain in a hurry. At least for me, it did. That happened back in February of this year.  I haven’t talked about it on the blog yet for several reasons including that my wife is much more private online than I am. But she… Continue Reading

Your Company’s Wellness Program May Violate The Law, Says the EEOC

Posted in CHRO & EEOC, Highlight, Human Resources (HR) Compliance

I’ve talked about wellness programs from time to time here on the blog.  Robin Shea, on her great blog, first brought this up back in August. But since then, there are some new developments from the EEOC that employers should keep an eye out on.  Today, my colleague Marc Herman joins us for the first time to… Continue Reading

Wait, “Inflexible” Leave Policies Are Actually Okay? Sometimes.

Posted in CHRO & EEOC, Discrimination & Harassment, Highlight, Human Resources (HR) Compliance, Litigation

So last month we talked about how an employer may, in some circumstances, need to give additional leave as an accommodation above and beyond the Family and Medical Leave Act.  Today, my colleague Clarisse Thomas shows how the law in this area really is still developing.  She highlights a new case that comes to a different… Continue Reading

Road Rules: Ruling Now Guides Telecommuting As Reasonable Accommodation Discussion

Posted in CHRO & EEOC, Class Actions, Discrimination & Harassment, Highlight, Litigation

My colleague, Gabe Jiran predicted the future! Well, not exactly. But in a post earlier this month, he outlined some of the issues relating to whether telecommuting is a reasonable accommodation under the ADA. And now we have some court guidance on the subject.  The road to understanding an aspect of the “reasonable accommodation” is… Continue Reading

Continuing to Challenge Whether An Employee Has a “Disability” Under ADAAA

Posted in Discrimination & Harassment, Laws and Regulations, Litigation

When the Americans with Disabilities Amendments Act (ADAAA) passed Congress in 2008 (remember when Congress used to pass employment laws??), one of the most talked about changes was that Congress declared that the question of whether an individual’s impairment was a “disability” should not require “extensive analysis.” It was thought by some at the time,… Continue Reading

Dazed and Confused About Medical Marijuana in the Workplace? Dude, It’s Just Starting

Posted in Highlight, Human Resources (HR) Compliance, Laws and Regulations, Manager & HR Pro’s Resource Center, Wage & Hour

The news this week that Connecticut has given its approval to four medical marijuana growers in Simsbury, West Haven, Portland, and Watertown, inches the state that much closer to full implementation of the medical marijuana law that was passed in 2012. The state also reported that over 1600 individuals in Connecticut have been certified by… Continue Reading

Employment Law Statistics Tell Part of a Story; Still Waiting for CHRO

Posted in CHRO & EEOC, Discrimination & Harassment, Highlight, Human Resources (HR) Compliance

Every once in a while, it’s worth taking a look at statistics in the employment law arena to get a sense of trends with the law and what employers should focus on.For those that have been paying attention, retaliation claims are now the most filed type of charge filed at the Equal Employment Opportunity Committee… Continue Reading

Calling a Co-Worker “Stupid” Not Enough to Prove “Disability”, Court Says

Posted in Discrimination & Harassment, Highlight, Litigation

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

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 Center

I’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 & NLRB, Laws and Regulations, Legislative Developments, Wage & Hour

Finally, 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, Litigation

A 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 Center

At 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, Litigation

The 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, Litigation

You’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, Litigation

 Today, 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 Regulations

Keeping 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 Regulations

Thanks 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 Regulations

There’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 Regulations

With 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 Regulations

Nearly 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 & NLRB, Laws and Regulations, Litigation, Wage & Hour

With 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 Regulations

Dear 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