On June 26, 2015, in a 5-to-4 decision authored by Justice Kennedy (and joined by Justices Ginsburg, Breyer, Sotomayor, and Kagan) (Obergefell v. Hodges, No. 14-556 (June 26, 2015) and as a result of this decision, employers should familiarize themselves with the impact of Obergefell from both an employment law and benefits perspective. The Court’s… Finish Reading U.S. SUPREME COURT CASE DECISION IMPACT
This matter arose out of a complaint concerning the accessibility of the Idaho State Capitol’s facilities, services, programs, and activities under Title II of the ADA. The Capitol functions as the seat of Idaho’s state government. The Idaho State Capitol was re-dedicated on January 9, 2010 after three years of restoration and renovation. The State… Finish Reading DOJ SETTLEMENT AGREEMENT WITH THE STATE OF IDAHO
Big implications for case of quadriplegic fired after failing drug test. The state of Colorado Supreme Court ruled 6/15 that a medical marijuana patient who was fired after failing a drug test cannot get his job back. Prior, a trial court judge and Colorado’s appeals court upheld his firing, saying pot can’t be considered lawful… Finish Reading WORKERS CAN BE FIRED FOR USING POT OFF-DUTY
There is no one magic bullet to stop workplace harassment or prevent its occurrence and the efficacy of solutions such as training varies widely, a panel of psychologists told the U.S. Equal Employment Opportunity Commission’s(EEOC) Select Task Force on Workplace Harassment (STF) at a public meeting held recently. This was the first public meeting of… Finish Reading WORKPLACE HARASSMENT
Supreme Court Lets Stand 7th Circuit Ruling That Reassignment Is a Reasonable Accommodation – Requires Supervisory Training In a case that garnered nationwide attention, air transportation giant United Airlines Inc. has agreed to pay more than $1 million and implement changes to settle a federal disability lawsuit filed by the U.S. Equal Employment Opportunity Commission… Finish Reading UNITED AIRLINES TO PAY OVER $1 MILLION TO SETTLE DISABILITY LAWSUIT
AMERICANS WITH DISABILITIES ACT TITLE II PRIMER The Department of Justice revised its regulations implementing the ADA in September 2010. The new rules clarifyissues that arose over the previous 20 years and contain new requirements, including the 2010 ADA Standards forAccessible Design (2010 Standards). This document, issued 6/8/2015, provides general guidance to assist State andlocal… Finish Reading New DOJ Guidance for Title II
Another example it is cheaper to educate than litigate. A Chicago-area agency will pay $800,000 under a consent decree resolving two discrimination lawsuits filed by the U.S. EqualEmployment Opportunity Commission (EEOC), the federal agency announced 5/11/2015. (EEOC v. Source One Staffing, Inc.,Civil Action Nos. 11-cv-06754 & 15-cv-01958). The EEOC’s two lawsuits alleged multiple violations of… Finish Reading Firm to Pay $800,000 to Settle Multiple EEOC Discrimination Claims
edX was created by the Massachusetts Institute of Technology (MIT) and Harvard University On April 2, the Justice Department entered into a settlement agreement with edX Inc. (edX), to remedy alleged violations of the Americans with Disabilities Act (ADA). The entity, edX, was started in 2012 as a nonprofit platform for select universities to offer… Finish Reading JUSTICE DEPARTMENT REACHES MAJOR SETTLEMENT WITH EDX
EEOC Select Task Force To Study How To Address And Prevent All Types of Workplace Harassment The EEOC Select Task Force, announced 3/30/2015, will examine the problem of workplace harassment in all of its forms and look for ways by which it might be prevented and addressed. The Select Task Force will be co-chaired by… Finish Reading EEOC TO STUDY WORKPLACE HARASSMENT
A Trend for City and County Jails? A federal judge approved a sweeping settlement on 3/23/2015 mandating improvements for inmates using wheelchairs and others with impaired mobility at Los Angeles County jails. (Peter Johnson et al v. Los Angeles CountySheriff’s Department et al; California Central District Court, Case No. 2:08-cv-03515; District Judge Dean D.Pregerson, presiding;… Finish Reading JUDGE APPROVES SETTLEMENT IN MAJOR CASE FOR INMATES WITH DISABILITIES