ADA

HOW MUCH ADA LEAVE IS REQUIRED?

Raymond Severson, plaintiff in Severson v. Heartland Woodcraft Inc., has asked the United States Supreme Court to clarify how much leave is required under the Americans with Disabilities Act (ADA). The Appeals Courts have issued conflicting opinions on the matter, which has created confusion for employers. The Supreme Court has not decided whether it will […]

HIRING – DISABILITIES & THE APPLICATION PROCESS

The Equal Employment Opportunity Commission (EEOC) enforces the Americans with Disabilities Act (ADA), which requires employers with 15 or more employees to provide qualified individuals with disabilities an equal opportunity to benefit from employment-related opportunities, prohibits employers from discriminating against individuals with disabilities, and requires employers to offer reasonable accommodations. Charges of disability discrimination have […]

JOB DESCRIPTIONS CAN SAVE EMPLOYERS GRIEF, IF CURRENT AND ACCURATE

Job descriptions are written statements that describe the duties, responsibilities, required qualifications, and reporting relationships of a particular job. If drafted correctly, they can be an employer’s best friend. However, job descriptions that are out-of-date or incomplete can result in adverse determinations. Two recent cases exemplify the important of current and accurate job descriptions: Reyes […]

NEVADA EMPLOYEE’S ADA CLAIMS DISMISSED DUE TO DRUG USE

Drug Use Prohibits ADA Claims According to Federal Court in Nevada A federal court in Nevada dismissed a casino employee’s Americans with Disabilities Act (ADA) claims for disability discrimination, wrongful termination, and retaliation based on admitted current drug use. Donald A. Scott Jr. worked at Harrah’s Hotel & Casino between 2006 and 2015. At some […]

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