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
Reasonable Accommodation: Free Advice to Employers
Are you an employer who has ever wondered how you can possibly accommodate a particular disability of an employee? The disability is just so severe or unusual (or a "mental disability" is involved) that you can think of no way to accommodate it. Never fear–at least not yet. Try calling the Job Accommodation Network
EEOC’s Take on the Amendments to the Americans with Disabilities Act (ADA)
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
Investigating Preferential Treatment Claims in Caregiver Disability Cases
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
Amendments to Americans with Disabilities Act (ADA)
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
Relationship or Association With An Individual With Disability
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
Caregiver Discrimination under Americans with Disabilities Act
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.