Published: December 28, 2017

In a November 17 memorandum, Attorney General Sessions prohibited DOJ agencies from using “guidance” documents to circumvent rulemaking. A DOJ Task Force charged with identifying existing regulations and guidance for repeal, replacement or modification, updated its list in a press release issued on December 21, 2017.

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Published: November 20, 2017

Last month, the Eleventh Circuit affirmed a decision in favor of the employer in Roderick Billups v. Emerald Coast Utilities Authority, No. 17-10391, 2017 WL 4857430 (11th Cir. Oct. 26, 2017), continuing the trend of recent cases reaffirming that the ADA is not a leave statute. Among other things, the Eleventh Circuit held that an extended indefinite leave of absence with no clear timeline of when an employee can return to work and perform the essential functions of his or her job is not a reasonable accommodation.

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Published: November 6, 2017

Last Monday, former Wal-Mart manager Kathryn Silva filed an ADA disability bias claim in the Middle District of Pennsylvania that alleged Wal-Mart terminated her because she refused to sign a “last chance agreement.” The agreement required her to admit to substance abuse, undergo regular drug screening, and enroll in a substance abuse program. At the time, Silva was purportedly afflicted with several conditions, including arthritis, sciatica, scoliosis, anxiety, and high blood pressure.

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Published: September 28, 2017

​As employers throughout the country know, what constitutes a reasonable accommodation under the Americans with Disabilities Act (“ADA”) can be a difficult and very fact-specific inquiry.  Frequently, employers are faced with the question of how long they are required to allow an employee to take a leave of absence for their own medical condition. Of course, the EEOC and many courts have taken the position that an individualized assessment must be made, a “bright line” rule of terminating an employee after a maximum amount of leave violates the ADA, and that long-term leaves

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Published: August 24, 2017

We previously reported that AARP was attempting to stop the EEOC’s final wellness program rules under the American with Disabilities Act (ADA) and the Genetic Information Nondiscrimination Act (GINA) from taking effect on January 1, 2017.  AARP’s motion was denied by the D.C. District Court.

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Published: August 18, 2017

The United States District Court of the District of Connecticut became the first federal court to issue a ruling that federal law does not preempt a state law that expressly prohibits employers from firing or refusing to hire someone who uses marijuana for medical purposes.   This is the second court decision finding that an individual may pursue a claim when adverse action is taken by the employer for a positive marijuana drug test when the individual is a medical marijuana user (we discussed the first court decision

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Published: July 24, 2017

The July 20, 2017 White House release of the Trump Administration’s updated Unified Agenda of Regulatory and Deregulatory Actions is the first clear indication of a shift by the Department of Justice on priorities under ADA Title II and III. The Obama Administration’s Fall 2016 Agenda had included proposed rules regarding non-discrimination in the accessibility of Web information in State and Local government services (ADA Title II), as the next step in addressing web accessibility.

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