President Bush will sign legislation amending the Americans with Disabilities Act, which overwhelmingly passed through Congress. The ADA Amendments Act is designed to convey Congressional intent that “the primary object of attention in cases brought under the ADA should be whether entities covered under the ADA have complied with their obligations, and to convey that the
disability
EEOC Guidance Addresses Employee Performance and Conduct Issues Under the ADA
By Adam R. Long on
Posted in Discrimination & Harassment
On September 3, 2008, the EEOC issued "a comprehensive question-and-answer guide addressing how the Americans with Disabilities Act (ADA) applies to a wide variety of performance and conduct issues." The guidance contains a brief introductory section that includes some general legal requirements and definitions and then sets forth 30 questions and answers on various…
Business Websites Face Americans with Disabilities Act Accommodations Claims
By Michael Moore on
Posted in Recruiting, Hiring, and Retention
Target Corp. has agreed to pay $6 million in damages to plaintiffs in California unable to use its online site as part of a class action settlement with the National Federation of the Blind. The issue centers on the Americans with Disabilities Act’s requirements that retailers and other public places to make accommodations for people with…
Benchmarking against the Federal Government’s EEO Performance
By Michael Moore on
Posted in Recruiting, Hiring, and Retention
The EEOC released its Annual Report on the Federal Workforce for Fiscal Year 2007 (period October 2006 to September 2007). For those employers who may be benchmarking against the federal government, it seems to me that the government performs at a level that the EEOC would never accept from other employers. Here is a sampling of…
Violence in the Workplace: A Legal Perspective
By Michael Moore on
Posted in Workplace Trends
HR professionals are reminded of their workplaces’ vulnerabilities every time an episode of workplace violence is reported in the media like this morning’s headline “6 dead in plastics factory shooting rampage.” The scope of the problem set out in statistics. There were 5734 workplace fatalities reported to OSHA (2005 is the last year…
Employee’s Abortion As Basis For Discrimination Claim
By Michael Moore on
Posted in Discrimination & Harassment
A company’s termination of a female worker’s employment for missing work in violation of an attendance policy is illegal discrimination if the termination decision is sufficiently related to the woman’s exercise of her right to an abortion. On May 30, 2008, the Third Circuit Court of Appeals issued its decision in Jane Doe v. C.A.R.S.