Whenever someone tells you that a proposed bill “clarifies” something or “simplifies” existing law, you should view such talk with a dose of healthy skepticism. Indeed, viewing the written testimony of CHRO Executive Director Robert Brothers in support of Senate Bill 1164, you could be left with the impression that the changes being proposed to the state’s anti-discrimination… Continue Reading
Tag Archives: disability
Appellate Court: Tenured Teachers May be Terminated for “Disability” Without Violating CFEPA
Posted in Highlight, LitigationThe Connecticut Appellate Court yesterday released two notable employment law decisions. They won’t become “official” until April 30, 2013, so you have some time to digest them. I’ll cover one today and leave the other for a future post (though if you’re really curious you can read it here.) To me, the more interesting of… Continue Reading
Calling a Co-Worker “Stupid” Not Enough to Prove “Disability”, Court Says
Posted in Discrimination & Harassment, Highlight, LitigationWith 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
Connecticut’s “Reasonable Leave of Absence” for Disability Resulting from Pregnancy
Posted in Discrimination & Harassment, Highlight, Laws and Regulations, UncategorizedLast week, Attorney Robin Shea of Employment & Labor Insider proposed 10 rules of etiquette that “will save you from a pregnancy discrimination suit”. Rule No. 1? Pregnancy is always good news. Always. Always. Always. If you haven’t read it, I’ll wait. There are lots of rules regarding pregnancy that may come into play including FMLA,… 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
Court Rejects Perceived Disability Claim
Posted in Discrimination & Harassment, LitigationWhile I’m out at the ABA House of Delegates meeting (and will provide an update on that later on), the Connecticut Appellate Court today ruled that Connecticut’s anti-discrimination laws do not cover a “perceived disability” claim. What does that mean? Under federal law, an employer who regards an employee as having a disability is prohibited… Continue Reading
With DSM-5 on the Way, Is It Time to Update Definition of “Mental Disability”?
Posted in Discrimination & Harassment, Legislative DevelopmentsIn May 2013, a fifth version of the Diagnostic and Statistical Manual of Mental Disorders is expected to be published. It is widely anticipated in the mental health field. What is the DSM-5 all about? DSM is published by the American Psychiatric Association (APA) and contains descriptions, symptoms, and other criteria for diagnosing mental disorders…. 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
EEOC Reports Record Number of Discrimination Claims for 2008; Up 15 Percent from 2007
Posted in CHRO & EEOCRecord numbers of discrimination complaints were filed with the Equal Employment Opportunity Commission, according to a MSNBC column: Discrimination claims filed with the Equal Employment Opportunity Commission jumped 15 percent in fiscal 2008 to 95,402 — the highest level since the agency opened in 1965, said spokesman David Grinberg. That is up from 82,792 claims filed… Continue Reading
What Employers Need to Know About the ADA Amendments Act of 2008
Posted in Discrimination & Harassment, Human Resources (HR) Compliance, Laws and RegulationsPresident Bush’s signature is expected any day now on the ADA Amendments Act of 2008 (click for my prior posts here), which represent some of the most important changes to federal employment laws in over a decade. For employers in Connecticut, there is going to need to be some synthesis with Connecticut’s anti-discrimination laws so employers should… Continue Reading
BREAKING NEWS: House Passes ADA Amendments Act; Bill Goes To President for Signature
Posted in Legislative DevelopmentsThis afternoon, the U.S. House of Representatives approved by voice vote, the ADA Amendments Act of 2008 (S.3406), with the amendments made by the U.S. Senate last week. I’ve recapped the details before in prior posts. Reuters has the details of today’s House action in. Numerous groups and politicians released press releases this afternoon praising the… Continue Reading
ABA LABOR & EMPLOYMENT CONF.: Senate Passes ADA Amendments Act and EEOC Attorney Comments
Posted in CHRO & EEOC, Discrimination & Harassment, Legislative DevelopmentsLate last week, the Senate finally passed the compromise version of the ADA Amendments Act, (S.3406, which is available here) which I’ve covered before. The bill needs to be reconciled with the House version, but final passage and approval by President Bush is now expected this month. Other blogs have very adeptly recapped the significant changes… Continue Reading
When Did the Term “Intellectual Disability” Become an Acceptable Substitute for “Mental Retardation”?
Posted in Human Resources (HR) ComplianceIn reading the Connecticut Judicial Branch’s new strategic plan (which overall, is a very thorough and useful document), I was struck by its persistent usage of the term "intellectual disability." Indeed, section I.3 of the Plan indicates that the judicial branch will work with the legislature to revise laws that hamper participation by those with… Continue Reading
Curry v. Allan S. Goodman, Inc. – The Employee’s Perspective
Posted in CHRO & EEOC, Discrimination & Harassment, LitigationI’ve returned from vacation today with hundreds of e-mails to dig through and about 3000 posts in various RSS feeds. But one e-mail I received relating to the Connecticut Supreme Court’s decision earlier this month in Curry v. Allan S. Goodman, bears some immediate discussion. The comments are from Attorney Richard Hayber, the attorney representing the employee… Continue Reading
Curry v. Allan S. Goodman Part V – Do Employers Now Need to Accommodate Mental Disorders and Learning Disabilities?
Posted in CHRO & EEOC, Discrimination & Harassment, LitigationReading the Connecticut Supreme Court case of Curry v. Allan S. Goodman, Inc. decided last week, I’m struck by how many questions the decision seems to raise — and how many are left unanswered. I’ve discussed the case and some questions it raises before, most recently here. The case appears to stand for the proposition that… Continue Reading
Curry v. Allan S. Goodman, Inc. Part III – Duty to Engage in “Interactive Process” Found in Connecticut Law
Posted in CHRO & EEOC, Discrimination & Harassment, LitigationIn prior posts here and here, I’ve discussed an important new Connecticut Supreme Court case released this week, Curry v. Allan S. Goodman, Inc. and the effect it has on providing disabled employees with "reasonable accommodation". However, the Supreme Court’s decision goes beyond that. The Court also find that state law imposes a duty on employers… Continue Reading
Curry v. Allan S. Goodman, Inc. – Part II; Reviewing the Court’s Logic
Posted in CHRO & EEOC, Discrimination & Harassment, LitigationYesterday, I provided some highlights about the important case of Curry v. Allan S. Goodman, Inc. (can we all just agree to call it Curry v. Goodman?) The case is the first appellate decision in Connecticut that applies the reasonable accommodation provisions found in federal law, to state law. The effect is that small employers… Continue Reading
Connecticut Supreme Court Rules that Employers Have Implicit Duty to Accommodate Under State Law – Part I
Posted in CHRO & EEOC, Discrimination & Harassment, Human Resources (HR) Compliance, LitigationIn a case that automatically vaults to the top of important disability discrimination cases in Connecticut, the Connecticut Supreme Court today held, in an issue of first impression, that employers have a duty to provide a reasonable accommodation to disabled workers under state law, even though the law does not explicitly say so. While the… Continue Reading
What I’m Reading This Week in HR Issues and Employment Law
Posted in Discrimination & Harassment, Human Resources (HR) Compliance, LitigationIt has been a pretty light week in Connecticut as far as noteworthy developments in employment law is entailed. The legislature is out of session and the courts unusually light in issuing anything new (much less noteworthy). So, I thought I would recommend a few posts that have caught my eye over the last week… 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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