Workplace Investigations Blog

Workplace Investigations Blog

A Guide To Investigating EEO Complaints & Other Wordplace Problems

Category Archives: Disability Discrimination

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Duty to Reasonably Accommodate 100% Totally & Permanently Disabled Employee

Posted in Disability Discrimination
Cuiellette v. City of Los Angeles (Case No. B224303, Court of Appeals of California, Second District, Apr. 22, 2011) is a reminder to employers that simply because an employee (in this case, a police officer) has been rated as 100% totally and permanently disabled–for workers’ compensation purposes–the employer is not relieved of its duties under the… Continue Reading

EEOC’s Take on the Amendments to the Americans with Disabilities Act (ADA)

Posted in Disability Discrimination
The Equal Employment Opportunity Commission ("EEOC") is getting out the word on how it views the new Amendments to the ADA.   Peggy Mastroianni, Esq., Associate Legal Counsel of the EEOC, Washington, DC, office recently spoke to lawyers and human resources professionals in Pasadena, CA.  I attended the EEOC Training Institute’s seminar, and here is… Continue Reading

Investigating Preferential Treatment Claims in Caregiver Disability Cases

Posted in Disability Discrimination
Knowledge of Familial Disabilities When investigating a claim of preferential treatment (or disparate treatment) by an employee alleging "Caregiver Disability Discrimination," the EEO investigator should first try to obtain information about familial disabilities of the employee who was allegedly treated preferentially in the case at hand.  The EEO investigator should first ask the complainant employee if… Continue Reading

Amendments to Americans with Disabilities Act (ADA)

Posted in Disability Discrimination
In a recent newsletter by HR Strategies, Staffing Concepts International, Inc. outlined some of the changes employers can expect with the new amendments to the Americans with Disabilities Act (ADA). The Americans with Disabilities Act Amendments Act (ADAAA) was signed into law by President Bush on September 25, 2008, and became effective on January 1, 2009.… Continue Reading

Relationship or Association With An Individual With Disability

Posted in Disability Discrimination
In addition to protecting qualified applicants and employees with disabilities from employment discrimination, one ADA provision – the "Association" provision (42 U.S.C. § 12112(b)(4))– protects applicants and employees from discrimination based on their relationship or association with an individual with a disability, whether or not the applicant or employee has a disability. Protection Against Adverse… Continue Reading

Caregiver Discrimination under Americans with Disabilities Act

Posted in Disability Discrimination
A large number of EEO investigations I have done have involved some aspect of disability or a medical leave of absence claims—even if "Disability Discrimination" is not the main claim being made by the employee complainant.  EEO investigations are oftentimes complex with many different legal issues, and “disability” may be just one of many allegations. … Continue Reading