A Masterful Act : Vocational Testimony in ADAAA & CA_FEHA Employment Disability Discrimination Cases

Save this PDF as:
 WORD  PNG  TXT  JPG

Size: px
Start display at page:

Download "A Masterful Act : Vocational Testimony in ADAAA & CA_FEHA Employment Disability Discrimination Cases"

Transcription

1 A Masterful Act : Vocational Testimony in ADAAA & CA_FEHA Employment Disability Discrimination Cases Las Vegas, NV March 24, 2012 Presented by: Lisa Suhonos, MS, CDMS, ABVE-D Suhonos Occupational Services, Inc.

2 Qualified Vocational Consultants/Experts ARE in Demand! BY WHO? Defendants & Plaintiffs WHY? Knowledge of ADAAA (Title I) & CA-FEHA statutes Each case is evaluated on a per case basis

3 Qualified Voc. Continued Apply Vocational Rehabilitation standards of practice And established methodologies To address the case specific issues posed by the parties

4 ADAAA (ADA Amendment Act) Jan New EEOC regulations (3/25/11) Brief overview of definitions Does the Individual have a disability?

5 ADAAA-DISABILITY Disability: Physical or mental impairment that substantially limits one or more of the major life activities of such an individual. 42 U.S.C (2) (A). It includes having a record of such an impairment, or being regarded as having such an impairment. 42 U.S.C (20 (B) (C)). A) Is a major life activity affected? B) Whether medication is taken into account? C) Is the impairment considered short term? D) Individual considered substantially limited in the major life activity of working?

6 Impairment ADA regulations broadly define impairments to include a wide variety of disorders or conditions affecting any number of body systems including the: Neurological or musculoskeletal systems Special sense organs, respiratory, cardiovasular, reproductive, digestive, genito-urinary, lympathic, endocrine systems, or the skin Impairments also include mental or psychological disorders, including mental retardation, organic brain syndrome, emotional or mental illness & certain learning disorders. 29 C.F.R (h)

7 Impairment Continued EEOC distinguishes impairments from conditions that ARE NOT, as follows: Physical characteristics (i.e. lefthandedness) Common personality traits (being irresponsible, poor judgment) Cultural, environmental, or economic disadvantages Homosexuality, bisexuality, pregnancy Normal deviations in height, weight, or strength ARE NOT IMPAIRMENTS. Appendix to 29 C.F.R (h)

8 Exclusions Transvestism, transsexualism, pedophilia, exhibitionism, voyeurism, many gender identity disorders, other sexual behavioral disorders Compulsive gambling, kleptomania, pyromania, & psychoactive substance use disorders resulting from current illegal drug use. 42 U.S.C

9 Major Life Activities ADAAA, S.3406 Sect. 3 (2008). The ADAAA states that major life activities include, but are not limited to, caring for oneself, performing manual tasks, seeing, hearing, eating, sleeping, walking, standing, lifting, bending, speaking, breathing, learning, reading, concentrating, thinking, communicating, and working. As a result, any controversy is resolved by the Act concerning certain activities such as lifting, concentrating, thinking, and working.

10 Substantially Limited in Major Life A court must look at: Activities (i) the nature and severity of the impairment; (ii) the duration or expected duration of the impairment; (iii) the permanent or long-term impact, or the expected permanent or long-term impact resulting from the impairment. 29 C.F.R (j)(2). Thornton v. McClatchy Newspapers, Inc., 292 F.3d 1045 (9th Cir. 2002), the court noted that being diminished in an activity is different from being substantially limited.

11 To whom should the Individual be compared? In its Final Regulations on the ADAAA, the EEOC took the position that the ability of an individual to perform a major life activity should be compared to most people in the general population. VS.

12 Plaintiff s burden to present evidence of substantial limitations Present evidence outlining the extent of her impairment and the extent to which the impairment limited her in a major life activity S/he does not need to present evidence comparing his/her limitations to the average person.

13 The Length of Impairment The ADA Amendments Act does not specify the length of time a condition must last to be substantially limiting. However, it does state that an individual is not regarded as disabled if the condition is minor and lasts for less than six months. ADAAA, S.3406 Sect. 4(a) (2008). The Final Regulations retained a slightly modified version of this example. However, in its final regulations, the EEOC has also stated that although impairments that last only for a short period of time are typically not covered, they may be covered if sufficient severe. EEOC s Final ADA Regulations Preamble and Appendix (3/25/11).

14 Episodic Impairment ADA Act states: Impairment that is episodic or in remission is a disability if it would substantially limit a major life activity when active. ADAAA, S.3406 Sect. 4(2) (2008). In analyzing Episodic disorders, courts have looked first at whether the underlying condition is long-term. Episodic conditions can easily limit how well a person performs an activity as compared to the rest of the population.

15 ADAAA(EEOC) Position on Major Life Activity of Working EEOC has changed the analysis for when an individual will be considered substantially limited in working A) [a]nalyze whether the impairment substantially limits an individual s ability to perform, or to meet the qualifications for, the type of work at issue. Proposed Regulations, 29 C.F.R (j)(7)(September 2009). B) the type of work at issue includes the job the individual has been performing, or for which the individual is applying, and jobs with similar qualifications or jobrelated requirements which the individual would be substantially limited in performing because of the impairment. 29 C.F.R (j)(7)(iii).

16 Regarded As The ADAAA changes the definition of regarded as disabled. Rather than requiring an individual to show that s/he was regarded as having a substantially limiting impairment, the ADAAA states that an individual is regarded as disabled if s/he has been subjected to an action prohibited under this Act because of an actual or perceived physical or mental impairment whether or not the impairment limits or is perceived to limit a major life activity. ADAAA, S.3406 Sect. 4 (2008).

17 GINA GENETIC INFORMATION NONDISCRIMINATION ACT OF 2008 TITLE II-prohibits the use of genetic information in employment, restricts employers & other entities covered by Title II from requesting, requiring, or purchasing genetic information, & strictly limits the disclosure of genetic information.

18 Information about an individual s genetic tests Information about the genetic tests of a family member Family medical history Requests for and receipt of genetic services by an individual or a family member Genetic information about a fetus carried by an individual or family member or of an embryo legally held by the individual or family member using assisted reproductive technology.

19 *Exception Where the information is acquired inadvertently. As part of health or genetic services (including a wellness program) that a covered entity provides on a voluntary basis. In the form of family medical history to comply with the certification requirements of the Family & Medical Leave Act, state or local leave laws, or certain employer leave policies. From sources that are commercially and publicly available, such as newspapers, books, magazines, and even electronic sources. As part of genetic monitoring that is either required by law or provided on a voluntary basis. By employers who conduct DNA testing for law enforcement purposes as a forensic lab, or for human remains identification.

20 CA FEHA--- a brief overview AB 2222 (2001) California s Fair Employment Housing Act ( FEHA ) provides broad protection to individuals with disabilities. Who must comply? Any person regularly employing five or more persons, or any person acting as an agent of an employer, directly or indirectly, the state or any political subdivision of the state, and cities, except a religious association or corporation not organized for private profit. Cal. Govt. Code 12926(d).

21 Definitions Who is protected? Discrimination! The law of this state contains broad definitions of physical disability, mental disability, and medical condition. It is the intent of the Legislature that the definitions of physical disability and mental disability be construed so that applicants and employees are protected from discrimination due to an actual or perceived physical or mental impairment that is disabling, potentially disabling, or perceived as disabling or potentially disabling. Cal. Govt. Code (b).

22 What is a Disability? Under FEHA, a person with a disability is one who: has a physical or mental condition that limits a major life activity; has a record or history of such condition; is regarded or treated by the employer as having a physical or mental condition that makes achievement of a major life activity difficult; or is regarded or treated by the employer as having a physical or mental condition that has no present disabling effect but may become a disability.

23 Physical Disability A physical disability includes, but is not limited to, any physiological disease, disorder, condition, cosmetic disfigurement, or anatomical loss that does both of the following: (1) affects one or more of the following body systems: neurological, immunological, musculoskeletal, special sense organs, respiratory, including speech organs, cardiovascular, reproductive, digestive, genitourinary, hemic and lymphatic, skin, and endocrine; (2) limits a major life activity. Cal. Govt. Code 12926(k)(1).

24 Mental Disability A mental disability includes, but is not limited to, any mental or psychological disorder or condition, such as mental retardation, organic brain syndrome, emotional or mental illness, or specific learning disabilities, that limits a major life activity. Cal. Govt. Code 12926(i)(1).

25 What is a Major Life Activity? To be broadly construed and shall include physical, mental and social activities and working. Cal Govt. Code (i) (l) (C) and (k)(1)(b)(iii). working is a major life activity, regardless of whether the actual or perceived working limitation implicates a particular employment or a class or broad range of employments. Cal. Govt. Code (c).

26 Limits a Major Life Activity A physical or mental disorder or condition will be deemed to limit a major life activity if it makes the achievement of the major life activity difficult. Cal. Govt. Code 12926(i)(1)(B), (k)(l)(b)(ii). So how is it determined?

27 Life Activity Continued a) Without regard to mitigating measures, such as medications, assistive devices, prosthesis, or reasonable accommodations, unless the mitigating measure itself limits a major life activity. Cal. Govt. Code 12926, (i)(1)(a), (k)(1) (B)(i) b) A disability or medical condition limits a major life activity if it makes the achievement of the life activity difficult. Cal Govt. code (i)(1)(b), (k)(1) (B)(ii)

28 Regarded As by FEHA The regarded as definition in FEHA protects any individual regarded or treated by an employer as having, or having had, any physical [or mental] condition that makes achievement of a major life activity difficult or may do so in the future.

29 Who is a Qualified Individual? The court interpreted the qualified individual requirement under FEHA to be the same as under the ADA. After reviewing the statute s language, legislative intent, and well-settled law, we conclude the FEHA requires employees to prove that they are qualified individuals under the statute just as the federal ADA requires. 42 Cal. 4th at

30 The court held that the Legislature has placed the burden on a plaintiff to show that he or she is a qualified individual under the FEHA (i.e., that he or she can perform the essential functions of the job with or without reasonable accommodation).

31 What are Essential Functions? Under FEHA, the term essential functions is defined as the fundamental job duties of the employment position the individual with a disability holds or desires. Essential functions does not include the marginal functions of the position. Cal. Govt. Code 12926(f)

32 Essential Functions A job function may be considered essential for any of several reasons, including, but not limited to, any one or more of the following: the reason the position exists is to perform that function; there are a limited number of employees available among whom the performance of that job function can be distributed; or the function is highly specialized, so that the incumbent in the position is hired for his or her expertise or ability to perform the particular function. Cal. Govt. Code 12926(f)(1).

33 Determining Essential Functions Evidence of whether a particular function is essential includes, but is not limited to, the following: the employer s judgment as to which functions are essential; written job descriptions prepared before advertising or interviewing applicants for the job; the amount of time spent on the job performing the function; the consequences of not requiring the incumbent to perform the function; the terms of a collective bargaining agreement; the work experiences of past incumbents in the job; And the current work experience of incumbents in similar jobs. Cal. Govt. Code 12926(f).

34 The Interactive Process California State law incorporates the EEOC s interpretive guidance regarding the requirement that the employer and employee engage in the interactive process. Gov. Code (e). According to the EEOC, the appropriate reasonable accommodation is best determined through a flexible interactive process that involves both the employer and the individual with a disability. Under California law, failure to engage in the interactive process constitutes a separate violation of the FEHA.

35 Keep in Mind FEHA makes it unlawful [f]or an employer or other entity... to fail to engage in a timely, good faith, interactive process with the employee or applicant to determine effective reasonable accommodations, if any, in response to a request for reasonable accommodation by an employee or applicant with a known physical or mental disability or known medical condition. Cal. Govt. Code 12940(n).

36 The Interactive Process The Interactive Process, aka Problem Solving Approach should include: 1) Analyze the job, its purpose, and essential functions 2) Consult with Individual regarding the needs to perform the job 3) In consultation with the employee, determine effective accommodations 4) Consider the individual s preference and select effective accommodation

37 Reasonable Accommodation- What is it? Making existing facilities used by employees readily accessible to, and usable by, individuals with disabilities; job restructuring, part-time or modified work schedules, reassignment to a vacant position, acquisition or modification of equipment or devices, adjustment or modifications of examinations, training materials or policies, the provision of qualified readers or interpreters, and other similar accommodations for individuals with disabilities. Cal. Govt. Code 12926(n).

38 Undue Hardship As defined by FEHA, Undue Hardship is an action requiring significant difficulty or expense when considered in light of the following: (1) Nature and cost of the accommodation needed; (2) Overall financial resources of the facilities involved in providing the reasonable accommodations, the number of persons employed at the facility and the effect on expenses and resources, or the accommodation s impact on the operations of the facility;

39 Undue Hardship (3) Overall resources of the covered entity, the overall size of the business with respect to the number of employees, and the number, type and location of the covered entity s facilities; (4) Type of operations of the employer entity, including the composition, structure and functions of its workforce; (5) Geographic separateness, administrative or fiscal relationship of the facility or facilities involved. (Gov. Code (s); Cal Code Regs., tit. 2, (b).

40 Burdens... It is the employer s burden to prove that a proposed accommodation would impose an undue hardship, or that the employee could not perform the essential functions of his or her job even with an accommodation. Cal. Code, Regs, tit. 2, , (b) It is the employee s burden to prove that an employer could have done.something (accommodation type, specific jobs, etc). Employer has an obligation to search for a reasonable accommodation.

41 Entering Case Law(s) Accord Candee v. AT&T Wireless Mobility LLC. Diaz v. Federal Express Corp. Bryan v. United Parcel Serv., Inc. Gelfo v. Lockheed Martin Corp. Green v. State of California Bell v. Wells Fargo Bank, N.A. Gelfo v. Lockheed Martin Corp.

42 Plaintiff, Not Disabled Accord Candee v. AT&T Wireless Mobility LLC, No. C MHP, 2010 U.S. Dist. LEXIS , at *15-16 (N.D. Cal. Dec. 2, 2010) Plaintiff with multiple mental disabilities, deemed not disabled because she was not limited in a Major Life Activity.

43 Temporary Disability In Diaz v. Federal Express Corp., 373 F. Supp. 2d 1034, 1053 (C.D. Cal. 2005) Employer contended not disabled due to temporary medical (6/01-6/02) condition; court held that the mere duration of a mental or physical condition does not determine whether the condition constitutes a disability.

44 Exclusion or Not? May Exclusion from a Single Job Qualify as a Limitation of the Major Life Activity of Working? Bryan v. United Parcel Serv., Inc., 307 F. Supp. 2d 1108 (N.D. Cal. 2004), aff d EEOC v. United Parcel Serv., Inc., 424 F.3d 1060 (9th Cir. 2005)

45 Regarded As Gelfo v. Lockheed Martin Corp., 140 Cal. App. 4th 34, 53, 43 Cal. Rptr. 3d 874 (2006) Lockheed conceded that work restrictions engendered by Plaintiff s back injury limited the performance of essential functions. The Trial court s factual findings determined Employer was mistaken, in the concept of regarded as

46 Who is a Qualified Individual? Does the Individual satisfy the requirements of the position established by the employer? Green v. State of California, 42 Cal. 4th 254, 260, 64 Cal. Rptr. 3d 390 (2007). California Supreme Court clarified that it is the plaintiff s burden to prove that he or she is a qualified individual under FEHA.

47 Benefits Does obtaining disability benefits bar an individual s claim of ability to perform the essential functions? Bell v. Wells Fargo Bank, N.A., 62 Cal. App. 4th 1382, 1387, 73 Cal. Rptr. 2d 354 (1998). In moving for summary judgment, the bank proffered evidence that the plaintiff had made a series of statements in disability applications to the effect that his sickness rendered him disabled and unable to perform his regular and customary work of bank auditor. 62 Cal. App. 4th at The court concluded that such statements could not simply be taken at face value.

48 Accommodation Must an employer provide an accommodation to an employee it regards as disabled, even if the employee is not actually disabled? Gelfo v. Lockheed Martin Corp., 140 Cal. App. 4th 34, 43 Cal. Rptr. 3d 874 (2006). The court determined that Lockheed unlawfully refused to hire him because it regarded him as a person with a disabling physical condition and failed to provide reasonable accommodation through an interactive process.

49 Ongoing Interactive Process Must an employee who receives an accommodation inform a new manager of the accommodation or continue to engage in the Interactive Process? A.M. v. Albertsons, LLC, 178 Cal. App. 4th 455, 464, 100 Cal. Rptr. 3d 449 (2009). The court rejected Albertsons position, concluding that the employee s duty to engage in the interactive process was completed when Albertsons agreed to provide the accommodation of allowing her to use the restroom frequently, and that the company not the employee had an obligation to notify the employee s new manager of the agreed-upon accommodation.

50 Reassignment Must an employee who seeks reassignment to another position establish that he or she can perform the essential functions of the reassigned job? Cuiellette v. City of Los Angeles, 194 Cal. App. 4th 757, 123 Cal. Rptr. 3d 562 (2011). Jury awarded 1.5 million dollars

51 Skill Sets What you need as a Vocational Consultant dealing with: Essential Functions Interactive Process Reasonable Accommodation Defense/Plaintiff Opinion(s)

52 As a Vocational Consultant Ability to evaluate on a per case basis Knowledge of the World Of Work Skill to analyze a job

53 Essential Functions Knowledge of laws, codes & definitions Utilizing Vocational Rehabilitation standard methods Research-HAJ, DOT, O*NET, publication resources

54 Interactive Process Knowledge of law codes & process A separate FEHA violation Affirming or Denying Verbalize the Process

55 Reasonable Accommodation Utilize your knowledge & experience (medical & occupational) Research resources, i.e., JAN, Equipment websites, etc. Consider all options-knowledge of FMLA, CFRA

56 Defense/Plaintiff Opinions Understand the parties positions and burdens Use proven vocational rehabilitation methodologies (published & peer reviewed) Assist counsel

57 Opinion Skill Set Know the case facts Read the entire file Memorize data Develop opinion(s) using sound data and methods Deliver opinion(s) clearly and with Reasonable Certainty

58 Questions

59 Suhonos Occupational Services, Inc. (t) (916) / (f) (916) us at Visit our Thank you for attending! Feel free to contact our office with questions.

Disability Under the Fair Employment & Housing Act: What you should know about the law. California Department of Fair Employment & Housing

Disability Under the Fair Employment & Housing Act: What you should know about the law. California Department of Fair Employment & Housing Disability Under the Fair Employment & Housing Act: What you should know about the law California Department of Fair Employment & Housing Disability Under the Fair Employment and Housing Act: What You

More information

IC 22-9-5 Chapter 5. Employment Discrimination Against Disabled Persons

IC 22-9-5 Chapter 5. Employment Discrimination Against Disabled Persons IC 22-9-5 Chapter 5. Employment Discrimination Against Disabled Persons IC 22-9-5-1 "Auxiliary aids and services" defined Sec. 1. As used in this chapter, "auxiliary aids and services" includes the following:

More information

TACOMA COMMUNITY COLLEGE ADMINISTRATIVE POLICY AND PROCEDURE

TACOMA COMMUNITY COLLEGE ADMINISTRATIVE POLICY AND PROCEDURE TACOMA COMMUNITY COLLEGE ADMINISTRATIVE POLICY AND PROCEDURE REASONABLE ACCOMMODATION Section: President s Authorization: Human Resources Approved by Dr. Pamela Transue November 15, 2010 President s Signature

More information

Guidance for Completing the Reasonable Accommodation Request Form Employment

Guidance for Completing the Reasonable Accommodation Request Form Employment Guidance for Completing the Reasonable Accommodation Request Form Employment Purpose The Reasonable Accommodation Request Form is used to explore possible workplace accommodations for applicants or current

More information

Disability Discrimination in the Workplace

Disability Discrimination in the Workplace By: Nathan Davidovich Copyright (c) May 2014 Disability Discrimination in the Workplace Despite increased sensitivity to physical and mental disabilities, many of America's workers find themselves to be

More information

KNOW YOUR RIGHTS Training on the Legal Rights and Responsibilities of People with Alcohol and Drug Problems

KNOW YOUR RIGHTS Training on the Legal Rights and Responsibilities of People with Alcohol and Drug Problems I. The Basics KNOW YOUR RIGHTS Training on the Legal Rights and Responsibilities of People with Alcohol and Drug Problems California Laws Regarding Discrimination (December 2006) Q1. Does California have

More information

Americans with Disabilities Act: Title I - Employment Discrimination

Americans with Disabilities Act: Title I - Employment Discrimination RIGHTS & REALITY II Americans with Disabilities Act: Title I - Employment Discrimination Monica Murphy, Attorney Wisconsin Coalition for Advocacy 42 USC 12101 Five ADA titles 29 CFR 1630.2 (b) & (e) 29

More information

The ADA: Your Reponsibilities as an Employer

The ADA: Your Reponsibilities as an Employer The U.S. Equal Employment Opportunity Commission The ADA: Your Reponsibilities as an Employer ADDENDUM Since The Americans with Disabilities Act: Your Responsibilities as an Employer was published, the

More information

The Relationship of Disability Rights Laws to Education Majors and Teachers with Disabilities

The Relationship of Disability Rights Laws to Education Majors and Teachers with Disabilities The Relationship of Disability Rights Laws to Education Majors and Teachers with Disabilities Conference on English Education Commission for the Preparation of Teachers with Disabilities The National Council

More information

Disability Law Update: Mental, Psychiatric, and Intellectual Disabilities. Char Eberhardt Chelsea Petersen

Disability Law Update: Mental, Psychiatric, and Intellectual Disabilities. Char Eberhardt Chelsea Petersen Disability Law Update: Mental, Psychiatric, and Intellectual Disabilities Char Eberhardt Chelsea Petersen Presentation Overview ADA and WLAD coverage and definitions Disclosure of mental disabilities and

More information

SECTION 504/ADA PROHIBITION AGAINST DISCRIMINATION BASED ON DISABILITY

SECTION 504/ADA PROHIBITION AGAINST DISCRIMINATION BASED ON DISABILITY TRAVESE CITY AREA PUBLIC SCHOOLS 2260.01A/page 1 of 12 SECTION 504/ADA PROHIBITION AGAINST DISCRIMINATION BASED ON DISABILITY The Superintendent establishes these administrative guidelines for the identification,

More information

STATE OF DELAWARE Office of Management and Budget, Human Resource Management

STATE OF DELAWARE Office of Management and Budget, Human Resource Management STATE OF DELAWARE Office of Management and Budget, Human Resource Management Guidelines on Equal Employment Opportunity (EEO) and Affirmative Action (AA) Introduction These guidelines are written to help

More information

City of Miami Gardens

City of Miami Gardens City of Miami Gardens Americans with Disabilities Act Employment Guide to Reasonable Accommodation Why do I need to know about Reasonable Accommodations? The Americans with Disabilities Act (ADA) and the

More information

Disability Discrimination in the Workplace

Disability Discrimination in the Workplace By: Nathan Davidovich Copyright (c) April 2011 Disability Discrimination in the Workplace Despite increased sensitivity to physical and mental disabilities, many of America's workers find themselves to

More information

Cochise College Administrative Policy

Cochise College Administrative Policy Cochise College Administrative Policy Category: Students Policy Number: 4005 Title: Americans With Disabilities Act Cochise College fully recognizes all provisions of the Americans with Disabilities Act

More information

The Rehabilitation Act of 1973 Sections 501 and 505

The Rehabilitation Act of 1973 Sections 501 and 505 The Rehabilitation Act of 1973 Sections 501 and 505 EDITOR'S NOTE: The following is the text of Sections 501 and 505 of the Rehabilitation Act of 1973 (Pub. L. 93-112) (Rehab. Act), as amended, as these

More information

Reasonable Accommodations

Reasonable Accommodations Reasonable Accommodations 1.1 Introduction US Department of Health and Human Services (HHS) and its Operating Divisions (OPDIVs) will implement reasonable accommodation procedures in compliance with policies

More information

Special Accommodations and Services for Students with Special Needs Section 504

Special Accommodations and Services for Students with Special Needs Section 504 Policy 607 Education Programs Special Accommodations and Services for Students with Special Needs Section 504 I. Purpose The purpose of this policy is to ensure that the school district provides a full

More information

DISABILITY EMPLOYMENT DISCRIMINATION LAW IN MICHIGAN. Lee Hornberger

DISABILITY EMPLOYMENT DISCRIMINATION LAW IN MICHIGAN. Lee Hornberger DISABILITY EMPLOYMENT DISCRIMINATION LAW IN MICHIGAN by Lee Hornberger This article discusses the Persons with Disabilities Civil Rights Act (PWDCRA), MCL 37.1101, et seq; MSA 3.550(101), et seq, as it

More information

The ADA: Your Employment Rights as an Individual With a Disability

The ADA: Your Employment Rights as an Individual With a Disability The U.S. Equal Employment Opportunity Commission The ADA: Your Employment Rights as an Individual With a Disability The Americans with Disabilities Act of 1990 (ADA) makes it unlawful to discriminate in

More information

PAUL MITCHELL THE SCHOOL POLICIES AND PROCEDURES FOR STUDENTS WITH DISABILITIES

PAUL MITCHELL THE SCHOOL POLICIES AND PROCEDURES FOR STUDENTS WITH DISABILITIES PAUL MITCHELL THE SCHOOL POLICIES AND PROCEDURES FOR STUDENTS WITH DISABILITIES q Accommodation Procedures for Students with Disabilities w Grievance Procedures for Students who have Complaints on the

More information

Reasonable Accommodation, An Interactive Process

Reasonable Accommodation, An Interactive Process Reasonable Accommodation, An Interactive Process Handbook EL-307 October 2008 Transmittal Letter A. Introduction. The Transformation Plan of the Postal Service is about enabling the Postal Service to successfully

More information

SECTION 504 FREQUENTLY ASKED QUESTIONS

SECTION 504 FREQUENTLY ASKED QUESTIONS SECTION 504 FREQUENTLY ASKED QUESTIONS BASIC REQUIREMENTS 1. What is Section 504? Section 504 is that section of the Rehabilitation Act of 1973 which applies to persons with disabilities. Basically, it

More information

EMPLOYMENT DISCRIMINATION AND THE LAW. Frequently Asked Questions for People Who Live In New York City

EMPLOYMENT DISCRIMINATION AND THE LAW. Frequently Asked Questions for People Who Live In New York City N Y L P I New York Lawyers For The Public Interest, Inc. 151 West 30 th Street, 11 th Floor New York, NY 10001-4017 Tel 212-244-4664 Fax 212-244-4570 TTD 212-244-3692 www.nylpi.org EMPLOYMENT DISCRIMINATION

More information

Managing Medical Marijuana, Madness and Other Medical Issues in the Workplace

Managing Medical Marijuana, Madness and Other Medical Issues in the Workplace Managing Medical Marijuana, Madness and Other Medical Issues in the Workplace Procopio s Annual Labor and Employment Seminar 11.17.14 Wendy L. Tucker, Senior Counsel One of the Most Challenging Areas in

More information

PART 60-741--AFFIRMATIVE ACTION AND NONDISCRIMINATION OBLIGATIONS OF FEDERAL CONTRACTORS AND SUBCONTRACTORS

PART 60-741--AFFIRMATIVE ACTION AND NONDISCRIMINATION OBLIGATIONS OF FEDERAL CONTRACTORS AND SUBCONTRACTORS PART 60-741--AFFIRMATIVE ACTION AND NONDISCRIMINATION OBLIGATIONS OF FEDERAL CONTRACTORS AND SUBCONTRACTORS REGARDING INDIVIDUALS WITH DISABILITIES Subpart A--Preliminary Matters, Equal Opportunity Clause

More information

Guidance on Workers' Compensation and ADA

Guidance on Workers' Compensation and ADA Guidance on Workers' Compensation and ADA The following is an excerpt from the enforcement guidance set forth by the EEOC's position on the interaction between Title I of the Americans With Disabilities

More information

September 19, 2014. Anthony R. Foxx Secretary of Transportation

September 19, 2014. Anthony R. Foxx Secretary of Transportation September 19, 2014 I am pleased to announce the U.S. Department of Transportation s (DOT) recently revised and updated Procedures for Processing Reasonable Accommodation Requests from DOT Job Applicants

More information

5 Discrimination Based on Disability

5 Discrimination Based on Disability 5 Discrimination Based on Disability I. Overview 5.1 Darcie R. Brault Allyson A. Miller II. The Americans with Disabilities Act of 1990 (ADA) A. The Purpose of the ADA 5.2 B. Who Must Comply with the ADA

More information

The Triangle. Part One Overview of FMLA ADAAA Workers Compensation

The Triangle. Part One Overview of FMLA ADAAA Workers Compensation The Triangle Part One Overview of FMLA ADAAA Workers Compensation Discuss the Family Medical Leave Act and how it applies to counties Review the Americans with Disabilities Amendments Act and its impact

More information

Employer s s Obligations under the New York State Human Rights Law

Employer s s Obligations under the New York State Human Rights Law Employer s s Obligations under the New York State Human Rights Law The New York State Human Rights Law (NYSHRL) prohibits discrimination against persons with disabilities in the employment context. The

More information

The American Disabilities Act & People with Cancer

The American Disabilities Act & People with Cancer The American Disabilities Act & People with Cancer What is the Americans With Disabilities Act? The Americans With Disabilities Act of 1990 (ADA) gives civil rights protections to people with disabilities.

More information

Employment Rights Under the Americans with Disabilities Act (and other related laws)

Employment Rights Under the Americans with Disabilities Act (and other related laws) California s protection & advocacy syste Toll-Free (800) 776-5746 Employment Rights Under the Americans with Disabilities Act (and other related laws) Fourth Edition November 2015, Publication #5068.01

More information

Caregiver Discrimination. by Patti J. Skoglund

Caregiver Discrimination. by Patti J. Skoglund : by Patti J. Skoglund pskoglund@jlolaw.com 8519 Eagle Point Boulevard, Suite 100 Lake Elmo, Minnesota 55042-8624 (651) 290-6500 EMPLOYMENT LAW WHAT S NEW? I. FAMILY RESPONSIBILITY DISCRIMINATION FRD New

More information

MODIFIED AMENDED DISABILITY REGULATIONS As Adopted by the Commission on December 18, 2012,

MODIFIED AMENDED DISABILITY REGULATIONS As Adopted by the Commission on December 18, 2012, Chapter 1. Administration MODIFIED AMENDED DISABILITY REGULATIONS As Adopted by the Commission on December 18, 2012, Subchapter 9. Disability Discrimination CALIFORNIA CODE OF REGULATIONS Title 2. Administration

More information

LEAVE LAWS & DISABILITY DISCRIMINATION

LEAVE LAWS & DISABILITY DISCRIMINATION LEAVE LAWS & DISABILITY DISCRIMINATION Presented by The Department of Fair Employment & Housing, an Agency of the State of California Leave Laws & Disability Laws that May Apply n n Leave Laws n Kin Care

More information

JURISDICTION CITATION STATUTORY DEFINITION COMMENTS CASE LAW

JURISDICTION CITATION STATUTORY DEFINITION COMMENTS CASE LAW JURISDICTION CITATION STATUTORY DEFINITION COMMENTS CASE LAW United States -- Americans with Disabilities Act of 1990 (ADA), 42 U.S.C. 12101, et seq. 42 U.S.C.A. 12102(2), 12210(a), (b), 12211; 29 C.F.R.

More information

HANDLING ACCOMMODATIONS FOR PERSONS WITH DISABILITIES FOR NON CLASSROOM-RELATED ACTIVITIES

HANDLING ACCOMMODATIONS FOR PERSONS WITH DISABILITIES FOR NON CLASSROOM-RELATED ACTIVITIES Riverside Community College District Administrative Procedure No. 3445 General Institution AP 3445 HANDLING ACCOMMODATIONS FOR PERSONS WITH DISABILITIES FOR NON CLASSROOM-RELATED ACTIVITIES References

More information

WHITEPAPER. Understanding the Americans with Disabilities Act

WHITEPAPER. Understanding the Americans with Disabilities Act Understanding the Americans with Disabilities Act CONTENTS Introduction...3 What is the Americans with Disabilities Act?...4 Navigating Between the FMLA and the ADA...7 Employer Obligations Checklist...10

More information

Fitness For Duty For Employers:

Fitness For Duty For Employers: Fitness For Duty For Employers: Guidelines on medical inquiries, accommodation and managing injury, illness, attendance and work assignments under FMLA, ADA and workers compensation regulations. 1. Q:

More information

THE INTERPLAY OF THE AMERICANS WITH DISABILITIES ACT, WORKERS' COMPENSATION AND FMLA

THE INTERPLAY OF THE AMERICANS WITH DISABILITIES ACT, WORKERS' COMPENSATION AND FMLA August 25, 2015 THE INTERPLAY OF THE AMERICANS WITH DISABILITIES ACT, WORKERS' COMPENSATION AND FMLA Laurie Goetz Kemp Kightlinger & Gray, LLP 3620 Blackiston Blvd., Suite 200 New Albany, IN 47150 812-949-2300

More information

Navigating Disability Discrimination and Title Goes Here Accommodation Claims

Navigating Disability Discrimination and Title Goes Here Accommodation Claims Navigating Disability Discrimination and Title Goes Here Accommodation Claims Presented By: Danitra Spencer, Consolidated Edison Co. of New York, Inc. Brian Gershengorn, Ogletree Deakins Stephanie L. Aranyos,

More information

Costliest Termination Mistakes and How to Avoid Them: Leaves, Workers Compensation, Disabilities and More

Costliest Termination Mistakes and How to Avoid Them: Leaves, Workers Compensation, Disabilities and More Costliest Termination Mistakes and How to Avoid Them: Leaves, Workers Compensation, Disabilities and More Michael W. Garrison, Jr. O Melveny & Myers LLP Harold M. Brody Proskauer Rose LLP 0 Preliminary

More information

The Americans With Disabilities Act What Persons With Fibromyalgia Need to Know

The Americans With Disabilities Act What Persons With Fibromyalgia Need to Know The Americans With Disabilities Act What Persons With Fibromyalgia Need to Know [Reprinted from Fibromyalgia Frontiers, January/February 1999] by Alison S. Levy, M.S. If you are a person with fibromyalgia

More information

EMPLOYEE RIGHTS AND RESPONSIBILITIES UNDER THE FAMILY AND MEDICAL LEAVE ACT

EMPLOYEE RIGHTS AND RESPONSIBILITIES UNDER THE FAMILY AND MEDICAL LEAVE ACT EMPLOYEE RIGHTS AND RESPONSIBILITIES UNDER THE FAMILY AND MEDICAL LEAVE ACT Basic Leave Entitlement FMLA requires covered employers to provide up to 12 weeks of unpaid, jobprotected leave to eligible employees

More information

U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION

U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION THE EEOC S LAWS and UNLAWFUL DISCRIMINATION Presented by Eddie Mary Daniel Abdulhaqq Program Analyst/Small Business Liaison U.S. EQUAL EMPLOYMENT OPPORTUNITY

More information

TABLE OF CONTENTS. Introduction... 3

TABLE OF CONTENTS. Introduction... 3 July 2015 TABLE OF CONTENTS Introduction... 3 Section 504 Disability Defined... 4 Physical or Mental Impairment... 4 Substantial Limitation... 4 Major Life Activities... 5 Mitigating Measures... 5 Evaluation

More information

A Parent & Educator Guide to Free Appropriate Public Education (under Section 504 of the Rehabilitation Act of 1973)

A Parent & Educator Guide to Free Appropriate Public Education (under Section 504 of the Rehabilitation Act of 1973) A Parent & Educator Guide to Free Appropriate Public Education (under Section 504 of the Rehabilitation Act of 1973) Jim Rich Director Special Services Puget Sound ESD July 2010 Table of Contents Introduction

More information

THE ROLE OF ADA & WLAD IN WORKERS COMPENSATION

THE ROLE OF ADA & WLAD IN WORKERS COMPENSATION THE ROLE OF ADA & WLAD IN WORKERS COMPENSATION A presentation by Washington Hospitals Workers Compensation Program and Elizabeth Reeve This webcast series is being recorded and will be available for viewing

More information

By Lawrence Peikes and Meghan D. Burns

By Lawrence Peikes and Meghan D. Burns By Lawrence Peikes and Meghan D. Burns On September 25, 2008, President George W. Bush signed the Americans with Disabilities Act Amendments Act of 2008 (ADAAA) into law. The ADAAA, which took effect on

More information

GUILFORD COUNTY SCHOOL SYSTEM SECTION 504 OF THE REHABILITATION ACT OF 1973 Revised following ADA Amendment of 2008

GUILFORD COUNTY SCHOOL SYSTEM SECTION 504 OF THE REHABILITATION ACT OF 1973 Revised following ADA Amendment of 2008 GUILFORD COUNTY SCHOOL SYSTEM SECTION 504 OF THE REHABILITATION ACT OF 1973 Revised following ADA Amendment of 2008 INTRODUCTION Section 504 of the Rehabilitation Act of 1973 prohibits discrimination against

More information

Addiction at Work: Managing Employees with Drug and Alcohol Issues. Webinar September 21, 2011

Addiction at Work: Managing Employees with Drug and Alcohol Issues. Webinar September 21, 2011 Addiction at Work: Managing Employees with Drug and Alcohol Issues Webinar September 21, 2011 Statutory & Regulatory Framework Federal Statutes Drug-Free Workplace Act Americans with Disabilities Act Rehabilitation

More information

Interaction of ADA, FMLA & Workers Compensation

Interaction of ADA, FMLA & Workers Compensation Interaction of ADA, FMLA & The relationship between ADA, FMLA and Workers Compensation If an employee is a qualified individual with a disability within the meaning of the ADA, the employer must make reasonable

More information

Alcoholism Under the Americans with Disabilities Act of 1990 as Amended (ADA) National LGBT Bar Association Conference August 2015

Alcoholism Under the Americans with Disabilities Act of 1990 as Amended (ADA) National LGBT Bar Association Conference August 2015 Alcoholism Under the Americans with Disabilities Act of 1990 as Amended (ADA) National LGBT Bar Association Conference August 2015 Eduardo Juarez Supervisory Trial Attorney U.S. Equal Employment Opportunity

More information

REASONABLE ACCOMMODATIONS AND REASONABLE MODIFICATIONS UNDER THE FAIR HOUSING ACT

REASONABLE ACCOMMODATIONS AND REASONABLE MODIFICATIONS UNDER THE FAIR HOUSING ACT REASONABLE ACCOMMODATIONS AND REASONABLE MODIFICATIONS UNDER THE FAIR HOUSING ACT TOM CRISHON STAFF ATTORNEY OUR ROADMAP STATUTORY PROHIBITIONS EXAMPLES OF DISCRIMINATION DISABILITY DEFINED REASONABLE

More information

Disability Provisions. GA and Food Stamps

Disability Provisions. GA and Food Stamps Disability Provisions GA and Food Stamps Updated 9/2013 Legal Services of Northern California 2013 1 Prevalence of Disabilities 70% of food stamp household heads were exempt from work registration requirements

More information

NEW MEXICO PRIMER ON SPECIAL EDUCATION IN CHARTER SCHOOLS: BACKGROUND SECTION

NEW MEXICO PRIMER ON SPECIAL EDUCATION IN CHARTER SCHOOLS: BACKGROUND SECTION NEW MEXICO PRIMER ON SPECIAL EDUCATION IN CHARTER SCHOOLS: BACKGROUND SECTION This section is divided into two parts: a discussion of the legal status of charter schools and their linkage to other local

More information

Equal Employment Opportunity is THE LAW

Equal Employment Opportunity is THE LAW Equal Employment Opportunity is THE LAW Private Employers, State and Local Governments, Educational Institutions, Employment Agencies and Labor Organizations Applicants to and employees of most private

More information

THE LAW. Equal Employment Opportunity is

THE LAW. Equal Employment Opportunity is Equal Employment Opportunity is THE LAW Private Employers, State and Local Governments, Educational Institutions, Employment Agencies and Labor Organizations Applicants to and employees of most private

More information

Anti-discrimination Laws: Kansas

Anti-discrimination Laws: Kansas Monica M. Fanning, Spencer Fane Britt & Browne LLP, with PLC Labor & Employment A Q&A guide to state anti-discrimination law for private employers in Kansas. This Q&A addresses Kansas laws prohibiting

More information

1. How many children do you have? This question is inappropriate for two reasons.

1. How many children do you have? This question is inappropriate for two reasons. Interview Questions: Legal or Illegal? Can you ask if an employee has been arrested? If they have a high school diploma? What organizations they belong to? Employment application forms and pre-employment

More information

[DISABILITY AND ACCOMMODATION] TITLE VII 50 TH ANNIVERSARY OCRE EDUCATIONAL OUTREACH. 50 th Anniversary of the Civil Rights Act of 1964 7.24.

[DISABILITY AND ACCOMMODATION] TITLE VII 50 TH ANNIVERSARY OCRE EDUCATIONAL OUTREACH. 50 th Anniversary of the Civil Rights Act of 1964 7.24. Oklahoma Attorney General Scott Pruitt s Office of Civil Rights Enforcement Presents TITLE VII 50 TH ANNIVERSARY OCRE EDUCATIONAL OUTREACH 50 th Anniversary of the Civil Rights Act of 1964 7.24.2014 Emphasizing

More information

FMLA, ADA and Paid Leave Update. Betsy J. Beck

FMLA, ADA and Paid Leave Update. Betsy J. Beck FMLA, ADA and Paid Leave Update Betsy J. Beck FMLA and ADA again? Follow up to the major changes in 2008 Status of statutory changes Status of regulatory changes Final changes and what they mean to employers

More information

SUMMARY OF KEY PROVISIONS UNDER FEDERAL, STATE, and CITY EEO LAWS

SUMMARY OF KEY PROVISIONS UNDER FEDERAL, STATE, and CITY EEO LAWS SUMMARY OF KEY PROVISIONS UNDER FEDERAL, STATE, and CITY EEO LAWS I. PROTECTED CATEGORIES Protected Classes 42 USC 2000e-2(a)-(c) Prohibits discrimination based on race, color, religion, sex or national

More information

SECTION 504/ADA PROHIBITION AGAINST DISCRIMINATION BASED ON DISABILITY

SECTION 504/ADA PROHIBITION AGAINST DISCRIMINATION BASED ON DISABILITY COUNTY SCHOOLS 2260.01/page 1 of 9 REVISED POLICY - VOL. 8, NO. 1 SECTION 504/ADA PROHIBITION AGAINST DISCRIMINATION BASED ON DISABILITY Pursuant to Section 504 of the Rehabilitation Act of 1973 ( Section

More information

The Federal EEO Process

The Federal EEO Process The Federal EEO Process LULAC National Convention and Exposition Cincinnati, Ohio June 27- July 2, 2011 Overview of EEO Laws Identifying Discrimination 1 Laws Enforced by the EEOC Title VII of the Civil

More information

Definition of a disability

Definition of a disability Introduction The ADA protects qualified individuals with disabilities from employment discrimination based on disability. Under other laws that prohibit employment discrimination, it usually is a simple

More information

BEFORE THE PUBLIC UTILITIES COMMISSION OF THE STATE OF CALIFORNIA ) ) ) ) ) ) SOUTHERN CALIFORNIA EDISON COMPANY S (U 338-E) OPENING BRIEF

BEFORE THE PUBLIC UTILITIES COMMISSION OF THE STATE OF CALIFORNIA ) ) ) ) ) ) SOUTHERN CALIFORNIA EDISON COMPANY S (U 338-E) OPENING BRIEF BEFORE THE PUBLIC UTILITIES COMMISSION OF THE STATE OF CALIFORNIA Application of Pacific Gas and Electric Company for Approval of Modifications to its SmartMeter TM Program and Increased Revenue Requirements

More information

Questions & Answers about the Americans with Disabilities Act: A Quick Reference for Child Care Providers Updated October 2012

Questions & Answers about the Americans with Disabilities Act: A Quick Reference for Child Care Providers Updated October 2012 Questions & Answers about the Americans with Disabilities Act: A Quick Reference for Child Care Providers Updated October 2012 1. What is the ADA? The Americans with Disabilities Act (ADA) is a federal

More information

DISABILITY AND RELIGIOUS ACCOMMODATIONS IN CALIFORNIA: AVOIDING COMMON (AND NOT-SO-COMMON) TRAPS. A u g u s t 2 2, 2 0 1 3

DISABILITY AND RELIGIOUS ACCOMMODATIONS IN CALIFORNIA: AVOIDING COMMON (AND NOT-SO-COMMON) TRAPS. A u g u s t 2 2, 2 0 1 3 DISABILITY AND RELIGIOUS ACCOMMODATIONS IN CALIFORNIA: AVOIDING COMMON (AND NOT-SO-COMMON) TRAPS P R E S E N T E D B Y : J E R R Y J. D E S C H L E R J R. J A C K S O N L E W I S L L P A T T O R N E Y

More information

What is Evidence, and What It Takes to Prove Discrimination

What is Evidence, and What It Takes to Prove Discrimination What is Evidence, and What It Takes to Prove Discrimination There are many things that happen on the job that are unkind, unpleasant, unfair, or downright insulting! Sometimes these things happen because

More information

Americans with Disabilities Act of 1990

Americans with Disabilities Act of 1990 Journal of the National Association of Administrative Law Judiciary Volume 11 Issue 1 Article 2 3-15-1991 Americans with Disabilities Act of 1990 Robert B. Fitzpatrick Follow this and additional works

More information

Nurse s Role in Section 504 Accommodation Plans. Louise Wilson MS, BSN, RN, NCSN Health Service Supervisor Beaver Dam

Nurse s Role in Section 504 Accommodation Plans. Louise Wilson MS, BSN, RN, NCSN Health Service Supervisor Beaver Dam Nurse s Role in Section 504 Accommodation Plans Louise Wilson MS, BSN, RN, NCSN Health Service Supervisor Beaver Dam Objectives: Review 504 legislation and current eligibility criteria Describe the 504

More information

SUL ROSS STATE UNIVERSITY A Member of the Texas State University System

SUL ROSS STATE UNIVERSITY A Member of the Texas State University System RETURN TO WORK POLICY APM 5.12 (Revised 5/2012) It is the policy of Sul Ross State University to provide a return to work program as the means to return employees to meaningful, productive employment following

More information

STUDENT GUIDE TO REASONABLE ACCOMMODATION CARLOS ALBIZU UNIVERSITY

STUDENT GUIDE TO REASONABLE ACCOMMODATION CARLOS ALBIZU UNIVERSITY INTRODUCTION STUDENT GUIDE TO REASONABLE ACCOMMODATION CARLOS ALBIZU UNIVERSITY The (CAU) is a specialized, private, non-profit university. It does not discriminate against of race, color, creed, sex,

More information

admission or access to, or treatment or employment in, its programs or activities.

admission or access to, or treatment or employment in, its programs or activities. Name of Policy: Nondiscrimination on the basis of disability-americans with Disabilities Act compliance Policy Number: 3364-50-03 Approving Officer: President Responsible Agent: Senior Director, Office

More information

Selected Equal Employment Opportunity Commission Materials on Drug and Alcohol Use and the ADA

Selected Equal Employment Opportunity Commission Materials on Drug and Alcohol Use and the ADA Selected Equal Employment Opportunity Commission Materials on Drug and Alcohol Use and the ADA 1. ADA: Sec. 12114. Illegal use of drugs and alcohol (a) Qualified individual with a disability For purposes

More information

Policy and Procedure To Request A Reasonable Accommodation For University Employees and Applicants

Policy and Procedure To Request A Reasonable Accommodation For University Employees and Applicants Policy and Procedure To Request A Reasonable Accommodation For University Employees and Applicants Office of Human Resources Management UAB 300 437-4700 May 2013 Revised October 2013 Policy: The State

More information

THE INTERACTIVE PROCESS ITS ROLE IN PREVENTING DISABILITY DISCRIMINATION

THE INTERACTIVE PROCESS ITS ROLE IN PREVENTING DISABILITY DISCRIMINATION THE INTERACTIVE PROCESS ITS ROLE IN PREVENTING DISABILITY DISCRIMINATION By Kathy Barnes-Jones Employee injuries or illnesses may result in disabilities that can create immense liability for employers.

More information

Private Employers, State and Local Governments, Educational Institutions, Employment Agencies and Labor Organizations

Private Employers, State and Local Governments, Educational Institutions, Employment Agencies and Labor Organizations Equal Employment Opportunity is THE LAW Private Employers, State and Local Governments, Educational Institutions, Employment Agencies and Labor Organizations Applicants to and employees of most private

More information

LEGAL RIGHTS OF STUDENTS WITH DISABILITIES UNDER FEDERAL LAW A GUIDE FOR COLLEGE AND UNIVERSITY STUDENTS

LEGAL RIGHTS OF STUDENTS WITH DISABILITIES UNDER FEDERAL LAW A GUIDE FOR COLLEGE AND UNIVERSITY STUDENTS LEGAL RIGHTS OF STUDENTS WITH DISABILITIES UNDER FEDERAL LAW A GUIDE FOR COLLEGE AND UNIVERSITY STUDENTS Protection & Advocacy, Inc. 1-800-776-5746 www.pai-ca.org Publication #5309.01 October 2002 Table

More information

Walmart s Accommodation in Employment Policy and Pregnancy/Disability Discrimination: A Backgrounder

Walmart s Accommodation in Employment Policy and Pregnancy/Disability Discrimination: A Backgrounder Walmart s Accommodation in Employment Policy and Pregnancy/Disability Discrimination: A Backgrounder. By: A Better Balance & the National Women s Law Center I. The Legal Challenge to Walmart s Pregnancy

More information

LABOR AND EMPLOYMENT LAW UPDATE FOR MAY 2016 LEAGUE OF CALIFORNIA CITIES CONFERENCE. Timothy L. Davis. Burke, Williams & Sorensen, LLP www.bwslaw.

LABOR AND EMPLOYMENT LAW UPDATE FOR MAY 2016 LEAGUE OF CALIFORNIA CITIES CONFERENCE. Timothy L. Davis. Burke, Williams & Sorensen, LLP www.bwslaw. LABOR AND EMPLOYMENT LAW UPDATE FOR MAY 2016 LEAGUE OF CALIFORNIA CITIES CONFERENCE Timothy L. Davis Burke, Williams & Sorensen, LLP www.bwslaw.com OVERVIEW FOR 2016 UPDATE Labor Law Court Decisions Employment

More information

EQUAL EMPLOYMENT OPPORTUNITY POLICY

EQUAL EMPLOYMENT OPPORTUNITY POLICY Section 1, Page 1 Contents: Policy Coverage Veterans Office of State Human Resources Responsibilities Agency, Department and University Responsibilities Complaint Process Definitions Policy The State of

More information

South Coast Education Service District

South Coast Education Service District South Coast Education Service District Code: ACA-AR(1) Adopted: 6/11/96 Orig. Code(s): ACA-AR Americans with Disabilities Act In compliance with the Americans with Disabilities Act, the following procedures

More information

EMPLOYEE RIGHTS AND RESPONSIBILITIES UNDER THE FAMILY AND MEDICAL LEAVE ACT

EMPLOYEE RIGHTS AND RESPONSIBILITIES UNDER THE FAMILY AND MEDICAL LEAVE ACT EMPLOYEE RIGHTS AND RESPONSIBILITIES UNDER THE FAMILY AND MEDICAL LEAVE ACT Basic Leave Entitlement FMLA requires covered employers to provide up to 12 weeks of unpaid, jobprotected leave to eligible employees

More information

PART 32 NONDISCRIMINATION ON THE BASIS OF HANDICAP IN PROGRAMS AND ACTIVITIES RE- CEIVING OR BENEFITING FROM FEDERAL FINANCIAL ASSISTANCE

PART 32 NONDISCRIMINATION ON THE BASIS OF HANDICAP IN PROGRAMS AND ACTIVITIES RE- CEIVING OR BENEFITING FROM FEDERAL FINANCIAL ASSISTANCE Office of the Secretary of Labor Pt. 32 31.11 Judicial review. Action taken pursuant to section 602 of the Act is subject to judicial review as provided in section 603 of the Act. [29 FR 16284, Dec. 4,

More information

Employment Law Disclosures

Employment Law Disclosures Employment Law Disclosures This document summarizes various federal and state employment law notifications that are required to be made to employees and/or applicants for employment. Federal Equal Employment

More information

APPLYING FOR ACCOMMODATIONS AT RIVER PARISHES COMMUNITY COLLEGE

APPLYING FOR ACCOMMODATIONS AT RIVER PARISHES COMMUNITY COLLEGE APPLYING FOR ACCOMMODATIONS AT RIVER PARISHES COMMUNITY COLLEGE The Office of Counseling Services at River Parishes Community College (RPCC) coordinates accommodations and services for students with disabilities.

More information

EMPLOYMENT LAW SUMMARY

EMPLOYMENT LAW SUMMARY EMPLOYMENT LAW SUMMARY Federal and State Laws Christina M. Rogers-Spang crogers-spang@rawle.com 856.797.8926 Pennsylvania, New Jersey and New York www.rawle.com PHILADELPHIA HARRISBURG PITTSBURGH NEW YORK

More information

The FMLA Process. Who is Eligible for FMLA Leave? 10/16/2013 MLA AND THE ADA PIECING TOGETHER OBLIGATIONS UNDER THE LAW. Eligibility Requirements

The FMLA Process. Who is Eligible for FMLA Leave? 10/16/2013 MLA AND THE ADA PIECING TOGETHER OBLIGATIONS UNDER THE LAW. Eligibility Requirements MLA AND THE ADA PIECING TOGETHER OBLIGATIONS UNDER THE LAW Robert J. Simandl, Esq. Simandl Law Group, S.C. 20975 Swenson Drive, Suite 250 Waukesha, WI 53186 (262) 923-8651 rsimandl@simandlhrlaw.com The

More information

Case4:13-cv-05715-DMR Document1 Filed12/11/13 Page1 of 5

Case4:13-cv-05715-DMR Document1 Filed12/11/13 Page1 of 5 Case:-cv-0-DMR Document Filed// Page of WILLIAM R. TAMAYO, SBN 0 (CA) MARCIA L. MITCHELL, SBN (WA) DERA A. SMITH, SBN (CA) U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Phillip Burton Federal Building 0

More information

Persons Disabilities. with. Legal Rights of. November 2003. California Department of Justice

Persons Disabilities. with. Legal Rights of. November 2003. California Department of Justice Legal Rights of Persons Disabilities with November 2003 California Department of Justice California Department of Justice Public Inquiry Unit P.O. Box 944255 Sacramento, CA 94244-2550 (800) 952-5225 Hearing

More information

Employment Rights Under the Americans with Disabilities Act

Employment Rights Under the Americans with Disabilities Act DEVELOPED BY EQUIP FOR EQUALITY UNDER A GRANT PROVIDED BY THE ILLINOIS DEPARTMENT ON AGING DISCRIMINATION Employment Rights Under the Americans with Disabilities Act People with disabilities, including

More information

Preventing Discrimination In The Workplace

Preventing Discrimination In The Workplace Preventing Discrimination In The Workplace Introduction On July 26, 1990, President George Bush signed the Americans with Disabilities Act of 1990 (ADA) into law. This law extends federal civil rights

More information

POLICY AND PROCEDURE MANUAL POLICY NO ORIGIN DATE: 12/15/1992. IMPACTS: All personnel LAST REVISED: 03/01/2012

POLICY AND PROCEDURE MANUAL POLICY NO ORIGIN DATE: 12/15/1992. IMPACTS: All personnel LAST REVISED: 03/01/2012 Pennington Biomedical POLICY AND PROCEDURE MANUAL POLICY NO. 925.00 ORIGIN DATE: 12/15/1992 IMPACTS: All personnel LAST REVISED: 03/01/2012 SUBJECT: Americans with Disabilities Act of 1990 (and all Subsequent

More information

Navigating Complex Leave and Disability Issues in California

Navigating Complex Leave and Disability Issues in California Navigating Complex Leave and Disability Issues in California Presented By Jenna H. Leyton-Jones, Esq. 11622 El Camino Real, Suite 300 San Diego, CA 92130 jleyton@pettitkohn.com (858) 755-8500 TABLE OF

More information

DEPARTMENT OF HUMAN SERVICES CHAPTER 407 DIVISION 005 PROHIBITING DISCRIMINATION AGAINST INDIVIDUALS WITH DISABILITIES

DEPARTMENT OF HUMAN SERVICES CHAPTER 407 DIVISION 005 PROHIBITING DISCRIMINATION AGAINST INDIVIDUALS WITH DISABILITIES DEPARTMENT OF HUMAN SERVICES CHAPTER 407 DIVISION 005 PROHIBITING DISCRIMINATION AGAINST INDIVIDUALS WITH DISABILITIES 407-005-0000 Purpose These rules (407-005-0000 through 407-005-0030) establish a Department

More information

For additional information: 1-866-4US-WAGE (1-866-487-9243) TTY: 1-877-889-5627 WWW.WAGEHOUR.DOL.GOV

For additional information: 1-866-4US-WAGE (1-866-487-9243) TTY: 1-877-889-5627 WWW.WAGEHOUR.DOL.GOV Basic Leave Entitlement FMLA requires covered employers to provide up to 12 weeks of unpaid, jobprotected leave to eligible employees for the following reasons: For incapacity due to pregnancy, prenatal

More information

Association Discrimination Under the Americans with Disabilities Act

Association Discrimination Under the Americans with Disabilities Act Association Discrimination Under the Americans with Disabilities Act Thomas J. Riley Kristen D. DeCato Tobin, Carberry, O Malley, Riley & Selinger, P.C. What is Association Discrimination? Under the ADA,

More information