A Capehart Scatchard Blog

ADA

The Americans with Disabilities Act of 1990 (ADA) prohibits discrimination and ensures equal opportunity for persons with disabilities in employment, State and local government services, public accommodations, commercial facilities, and transportation.

High Blood Pressure and Temporary Vision Problems Are ADA Disabilities

By on March 17, 2014 in ADA with 0 Comments

The ADA Amendments Act has substantially broadened coverage under the law.  An example comes in Gogos v. AMS Mechanical Systems, Inc., 737 F.3d 1170 (7th Cir. 2013).  Mr. Gogos worked as a pipe welder and had been taking medication to reduce his elevated blood pressure for the past eight years.  He commenced employment with the […]

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Bungled Post-Offer Medical Examination Leaves School Liable to Job Applicant

By on February 24, 2014 in ADA with 0 Comments
Bungled Post-Offer Medical Examination Leaves School Liable to Job Applicant

A well-done post-offer medical examination requires great skill and expertise.  These elements were lacking when Adam LaFata applied for a job as Plant Engineer, essentially a custodial position, with the Dearborn Heights School District. One critical fact is that LaFata had been doing this kind of work for 10 years for the Lincoln Park Community […]

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Employee Who Entered Drug Rehab Program Was Not Automatically Protected from Adverse Employment Action When He Left the Program Early

By on January 17, 2014 in ADA with 0 Comments
Employee Who Entered Drug Rehab Program Was Not Automatically Protected from Adverse Employment Action When He Left the Program Early

Bryan Shirley worked for Wyman-Gordon Forgings, L.P. (“W-G”) as an operator of the largest extrusion press in the world.  Company policy required that any employee who should develop a problem with drugs or alcohol must confidentially inform the HR manager in order to pursue treatment.  Failure to comply with treatment could subject the employee to […]

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Employer May Have Violated ADA and FMLA Rights of Employee in Terminating Her Under Discipline Policy

By on September 27, 2013 in ADA, FMLA with 0 Comments

Nancy Haley worked as a Registered Nurse for Community Mercy Health Partners doing business as Springfield Regional Medical Center (hereinafter SRMC).  She began there in June of 1978.  In November 2009, she was diagnosed with breast cancer and underwent two surgical procedures.  She took approximately five and a half weeks of FMLA leave during this […]

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Termination of Correctional Counselor Upheld

By on September 13, 2013 in ADA with 0 Comments

Employers cannot always make accommodations to persons with disabilities, and the obligation only arises if the employee can show that he or she is qualified to perform the essential functions of the job with or without accommodation. In the case of Atkins v. Eric Holder, Attorney General, 2013 U.S. App. LEXIS 12340 (4th Cir. 2013), […]

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HIV Positive Employee Shows Enough Evidence to Defeat Employer’s Motion for Summary Judgment

By on August 20, 2013 in ADA with 0 Comments

Winning on summary judgment on fact sensitive ADA cases can be quite difficult as seen in Croy v. Blue Ridge Bread, Inc. d/b/a Panera Bread, 28 ADA Cases 414, (W.D. Va. No. 3:12-cv-00034, July 15, 2013). Mark Croy worked for Blue Ridge Bread (hereinafter BRB) as a café worker. In 2008, he received a promotion […]

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Fitness-For-Duty Exams in Workers’ Compensation

By on July 10, 2013 in ADA with 1 Comment

The words “fitness for duty” do not appear in the New Jersey Workers’ Compensation Act, but the issue is of paramount importance to employers and employees in many workers’ compensation cases.  In New Jersey the need for a fitness exam is often compelling because medical and temporary disability benefits end at maximal medical improvement often […]

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University Did Not Violate ADA By Requiring Fitness Exam

By on June 27, 2013 in ADA with 0 Comments

Dr. Leon Coursey worked as an Assistant Professor in the Department of Physical Education at the University of Maryland Eastern Shore.  He began there in 1972.  Students logged complaints about Dr. Corsey in 2004, and several colleagues registered complaints in 2007. In 2009, 12 students reported that Dr. Coursey exhibited erratic behavior in the classroom.  […]

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Employer Which Discovered Material Misrepresentations Years Later On Post-Offer Form Properly Terminated Employee For Dishonesty

By on May 16, 2013 in ADA with 0 Comments

Many employers utilize post-offer medical examinations as part of their hiring process to screen out potential employees who cannot perform the essential functions of the job with or without reasonable accommodation.  Sometimes, however, the value of a post-offer medical examination does not come to light until long after hiring.  In Reilly v. Lehigh Valley Hospital, 27 […]

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New Jersey Adopts McDonnell Douglas Test for Retaliation Claims in Workers’ Compensation

By on January 7, 2013 in ADA with 0 Comments

New Jersey is a state with relatively few retaliation law suits arising from workers’ compensation.  For that reason, the decision in Peralta v. Joule Staffing Services, Inc., A-1004-11T3, A-1005-11T3 (App. Div. January 3, 2013) is drawing attention from practitioners. Ronald Peralta, a native of Peru, worked as a forklift operator for Joule Staffing Services from […]

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Transfer to New Job Location for Medical Reasons May be a Reasonable Accommodation Under ADA

By on December 3, 2012 in ADA with 0 Comments

Clarice Sanchez worked for the US Forest Service in Lufkin, Texas.  She was injured at work falling down a flight of stairs, causing a homonymous hemianopsia — a condition that limited her to 50 percent of the total visual field in each eye.  She was unable to see objects to the left line of center […]

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School Board Did Not Violate ADA When It Did Not Provide An Odor and Perfume Free Working Environment For Teacher

By on October 30, 2012 in ADA with 0 Comments

Nada Feldman worked as a middle school teacher for the Charlotte-Mecklenburg Board of Education.  On February 18, 2009, plaintiff’s doctor provided a note to the Board of Education stating that plaintiff “should not be exposed to high concentrations of perfume or chemicals because of a documented condition.”  In a supplemental note, the physician specified that […]

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Court Holds That Obesity Not Caused by a Physiological Condition May Still be a Covered Disability Under the ADA

By on October 17, 2012 in ADA with 0 Comments

Eric Feit applied for a job with BNSF Railway Company.  The Company gave him a conditional offer of employment as a conductor trainee provided he completed a physical examination, drug screening, background check and BNSF’s Medical History Questionnaire. On February 6, 2008, BNSF advised Feit that he was not qualified for this “safety sensitive” position […]

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Cashier With Doctor’s Note Requiring Her to Sit Half the Day Was Not a Qualified Individual Under ADA

By on October 12, 2012 in ADA with 0 Comments

Fern Strickland was hired by Eckerd Corporation in 1992. She worked as a cashier for the Jones Bridge Rite Aid.  In June, 2001, she was diagnosed with osteoarthritis in both knees.  Her condition made it difficult for her to walk without a cane or stand for long periods of time. In 2001, Strickland requested permission […]

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City Properly Terminated Employee with Severe Restrictions in Connection with Return to Work

By on September 4, 2012 in ADA with 0 Comments

Workers’ compensation cases sometimes lead to ADA litigation when an injured worker contends that he or she can return to work with serious restrictions, but the employer maintains it has no job available within these restrictions.  That was the dynamic in Otto v. City of Victoria, 685 F.3d 755 (8th Cir. 2012). Leland Otto was injured […]

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