Entering the workforce is an exciting rite of passage for most young people but the ability to work a job isn’t always cut and dry. For example, you may have physical or mental limitations that impede your ability to perform certain tasks. It’s crucial to note that disabilities aren’t always visible, and mental health disorders …
Even before the pandemic, unemployment among disabled workers in New York City was at a crisis level—just 30 to 35 percent were employed. Over the past year, the situation has grown even worse. Independent living centers, which help disabled residents find socio-economic stability, reported that more than 50 percent of their clients were let go from …
Many people with disabilities face barriers before they even get their foot in the door. But the hiring process is only one form of disability discrimination. Employers — including federal agencies and government contractors — are legally obligated to accommodate disabilities. But what is considered a “reasonable” accommodation? What if the employer says no? What …
Failure to Accommodate is Disability Discrimination Read More »
The Family and Medical Leave Act mandates that employers provide up to 12 weeks of unpaid leave for a serious medical condition. But what happens when an employee requests additional weeks or months off for a disabling condition? The 7th U.S. Circuit Court of Appeals has rejected one man’s request for a three-month extension beyond …
Must employers provide ADA leave after FMLA runs out? Read More »
I suffer from depression and anxiety. In our constantly-moving world, this is not uncommon. However, it is rarely acceptable to discuss. When I was first diagnosed with depression, I was a young working 20 year old in college. The depressive episode had hit me pretty hard and – being in a retail business where customer service was …
Mental Health and the Workplace: How Can We Change the Stigma? Read More »
On May 15, 2013, the EEOC issued a press release announcing revised publications regarding employment rights for four categories of individuals with specific disabilities. The publications address how the Americans with Disabilities Act (ADA) applies to applicants and employees with cancer, diabetes, epilepsy, and intellectual disabilities. According to the EEOC, “nearly 34 million Americans have been diagnosed with cancer, …
A U.S. District Court in Texas ruled that a Houston P.F.Chang’s restaurant may have violated the Americans with Disability Act when it fired one of its restaurant managers three days after he disclosed that he had a brain tumor. On June 8, 2009 Jason Meinelt was diagnosed with a brain tumor. He told his boss, …
Cancer Victim Fired For Disclosing Brain Tumor Has Claim For Disability Discrimination Read More »
Employee Fired For Taking Medical Leave Gets Jury Verdict Reinstated When does too much time off for an illness justify a termination because of poor attendance? Not every time according to a case decided this past week from the Fifth Circuit Court of Appeals. Here’s what happened. Facts Of The Case Edward Carmona worked for …
Banker Terminated When “Regarded As Disabled” And Because Of Perceived Mental Impairment Has ADA Claim Disability claims involving mental impairments can be tough. That’s why this recent case from a federal district court in the Eight Circuit is an important and helpful read. Here’s what happened in the case of Lizotte v. Dacotah Bank.* Facts …
Employee Fired Because Of Depression Wins Right To Jury Trial Read More »
New ADA Regulations Will Bring Necessary Change I received a call from a reporter from MSNBC a few days ago. She indicated that she wanted to ask me some questions about the new Americans with Disabilities Act regulations recently put out by the EEOC. The interview caused me to reflect on just how important the …
Madeline Messa is a 3L at Syracuse University College of Law. She graduated from Penn State with a degree in journalism. With her legal research and writing for Workplace Fairness, she strives to equip people with the information they need to be their own best advocate.
