Americans with Disabilities Act

Office birthday party costs employer $450,000

birthday napkins

An employee filed a lawsuit against his employer after his employer terminated him for his reaction to a surprise birthday party in his honor.  The employee claimed that he was unlawfully discriminated against based on a disability, and that the employer failed to accommodate his disability and retaliated against him.  After a trial, the jury in Kentucky awarded him $450,000.

Background

Prior to his birthday, the employee asked his employer if they could skip the festivities that year, due to his...

https://www.freightwaves.com/news/office-birthday-party-costs-employer-450000

Appellate court gives police officer second chance at ADA case

The United States Court of Appeals for the Fourth Circuit (which oversees South Carolina, Virginia, West Virginia, North Carolina, and Maryland) recently granted an employee a second chance at his ADA lawsuit claiming the city forced him to retire or accept an unwanted transfer after his request for a reasonable accommodation due to a medical disability. In doing so, the Fourth Circuit overturned the lower court’s ruling in favor of the employer.

Background

An employee working for a city was...

https://www.freightwaves.com/news/appellate-court-gives-police-officer-second-chance-at-ada-case

8th Circuit Court: Employer’s actions do not violate ADA, FMLA

The United States Court of Appeals for the Eighth Circuit (which oversees Arkansas, Iowa, Minnesota, Missouri, Nebraska, North Dakota, and South Dakota) recently addressed whether an employee could pursue a claim under the Americans with Disabilities Act (“ADA”) and the Family Medical Leave Act (“FMLA”) when the employee requested additional days off beyond that which she was entitled to under both laws, as an accommodation. The Eighth Circuit ruled that regular and reliable attendance is a...

https://www.freightwaves.com/news/8th-circuit-court-employers-actions-do-not-violate-ada-fmla

Court enforces ADA’s pre-suit exhaustion rules

The United States Court of Appeals for the Third Circuit (which has jurisdiction over Delaware, New Jersey, and Pennsylvania) recently addressed whether an employee could pursue a claim under the Americans with Disabilities Act (“ADA”) when the claim was not included in the original administrative charge filed with the Equal Employment Opportunity Commission (“EEOC”) and the subsequent amendment to add the required charge was untimely. The Third Circuit ruled that employees must still exhaust...

https://www.freightwaves.com/news/court-enforces-adas-pre-suit-exhaustion-rules