The Fourth Circuit recently issued an opinion that highlights the importance of maintaining regular communication with an employee who is out on leave. In Thomas v. City of Annapolis, Maryland, a police officer injured his knee on the job and was offered a permanent...
Experienced Strategists Dedicated to Achieving Clients’ Goals
Dynamic Solutions
Direct Communication
Effective Results
ADA
Beware of “Drive-By” ADA Lawsuits
In recent years, there has been an increase in “drive-by” ADA lawsuits. These lawsuits focus on businesses that are not compliant with the Americans with Disabilities Act (ADA) because their buildings are inaccessible to people with disabilities. These suits have...
Jury Waivers: A Viable Alternative to Forced Arbitration?
It is not uncommon for employment agreements to contain “forced arbitration agreements.” Under such agreements, employees are required as a condition of their employment to forgo litigation in court and instead submit their claims to arbitration. Back in 2018,...
Fourth Circuit Holds That Voluntary Transfers Do Not Constitute “Adverse Actions”
Under the Americans With Disabilities Act (and in employment retaliation cases in general), an employee must be subject to an “adverse action” in order to bring a claim for retaliation. The U.S. Court of Appeals for the Fourth Circuit recently considered whether an...
Fourth Circuit Sheds Light on “Reasonable” Accommodation Requests
As COVID-19 cases continue to rise, employers can expect requests for accommodations under the Americans with Disabilities Act (ADA) to rise as well. Recently, the 4th Circuit issued an opinion that highlights the importance of engaging in an interactive process with...
More Employees May Need Reasonable Accommodations Due To COVID
According to the CDC, approximately 83% of people under 65 who have died from COVID-19 have had an underlying medical condition such as heart disease or diabetes. That puts people with certain disabilities at serious risk. There are a lot of workers who suffer from...
Your Employee With A Disability May Qualify For ADA Leave
If an employee requests leave from work, the first thing that comes to your mind might be the Family and Medical Leave Act (FMLA). The FMLA provides up to 12 weeks of unpaid leave to care for a medical condition, to care for a family member’s medical condition, or to...
30 Years After The ADA, More Needed For People With Disabilities
This week marks 30 years since the Americans With Disabilities Act (ADA) was passed into law with strong bipartisan support. The law prohibits discrimination in employment, transportation and public accommodations against people with disabilities. Yet although the ADA...
Caution: The ADA Requires Proof Of Discriminatory Intent
If you have a disability, you still have to be able to do your job to the standards set forth for other employees. If you have not been able to do that, your discrimination claim may fail unless you have strong evidence that discrimination was the motive for any...
Does The Americans With Disabilities Act Apply To Job Applicants?
Yes. The Americans With Disabilities Act (ADA) requires potential employers to provide you with reasonable accommodations during the hiring process. The law also affects what can and can't be asked during the interview and pre-hiring period. Even in strong job...