Category Archives: Americans with Disabilities Act (ADA)
On February 15, the House in a 225 to 192 vote passed legislation to amend the Americans with Disabilities Act. The ADA Education and Reform Act (H.R.620) would require plaintiffs hoping to sue businesses in federal court to first deliver written notice to that business, specifically detailing the illegal barrier to access. The business would then have 60 days to develop a plan to address the complaint and outline improvements to remove the barrier. Finally, the business will have an additional 60 days to remove the barrier, or in the very least make substantial progress in doing so.
The Seventh Circuit ruled that an employee’s extended medical leave request was “categorically unreasonable” under the ADA. However, what should an employer do when one of the Seventh circuit judges writes that prior decision is wrong and violates the ADA? On September 20, 2017, in Severson v. Heartland Woodcraft, the Seventh Circuit affirmed summary judgment in favor of an employer that terminated an employee who requested a two to three month extended medical leave in addition to his 12 week FMLA leave. The Court applied a per se rule that an extended medical leave is categorically unreasonable as a matter …
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Balancing Undue Hardship and Reasonable Accommodation with Employees Using Medical Marijuana Lights Up in Massachusetts Court
In a recent case, the Supreme Judicial Court of Massachusetts (the “SJC”) held that medical marijuana may constitute a “reasonable accommodation” for employees. As a result, employers may not terminate employees for failing drug tests if the employees fall within that protection – provided the accommodation does not pose an undue hardship for the employer. Case background: In Barbuto v. Advantage Sales & Marketing, LLC (Massachusetts Supreme Judicial Court, July 17, 2017), SJC considered whether an employer had violated the Massachusetts anti-discrimination statute, M.G.L. c. § 151B, by terminating an employee who had failed a drug test for using marijuana at …
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