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

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

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

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

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.