The Ninth Circuit Court of Appeals recently found that the American with Disabilities Act (“ADA”) applies to websites and apps in some circumstances. The ruling may impact any business in Oregon, Washington, or California that offers goods or services at a physical location and also facilitates access to those goods or service via a website… Continue reading Employers: Your Business Website May Need An ADA Update
Category: ADA
Inability to Work Overtime is Not a Disability
The U.S. District Court for the District of Oregon held in a recent case that an employee who was unable to work more than a 40 hour work week due to various conditions, was not disabled under the Americans with Disabilities Act (“ADA”). Such an inability to work overtime, absent other facts, does not constitute a substantial… Continue reading Inability to Work Overtime is Not a Disability
Oregon Employer Lactation Room Requirements
Relating to Friday’s blog post about an Arizona case involving a “suitable space” for employees to pump breast milk, Oregon (unlike some other states) has a codified rule regarding these requirements. ORS 653.077(5) requires employers to make a reasonable effort to provide a private location close to the employee’s workstation, which is not a public… Continue reading Oregon Employer Lactation Room Requirements
Suitable Space to Pump Required under FLSA
An employee in Arizona recently filed suit against her employer for not providing a suitable space to pump breast milk while at work. The employee was assigned to various locations and some, but not all of those locations provided suitable spaces. In this Arizona case, some of the subject spaces merely needed a lock on… Continue reading Suitable Space to Pump Required under FLSA
EEOC Issues Guidance for Employees with HIV Infection
Yesterday, the EEOC issued two publications that address important issues for employees with HIV infection. As the EEOC’s press release explains: “Living With HIV Infection: Your Legal Rights in the Workplace Under the ADA” – explains that applicants and employees are protected from employment discrimination and harassment based on HIV infection, and that individuals with… Continue reading EEOC Issues Guidance for Employees with HIV Infection
Give the Woman a Mat to Stand On
We frequently post about employer obligations to accommodate disabled employees. Generally, accommodation is required unless an employer can show that the requested accommodation imposes an undue hardship. Not surprisingly, litigation often focuses on whether a particular accommodation imposes an undue hardship, an analysis that considers the nature and cost of the accommodation, the financial resources… Continue reading Give the Woman a Mat to Stand On
Prohibited Medical Inquiries – Again
Under the ADA, medical inquiries directed at existing employees are permitted when they are job related and consistent with business necessity. As explained by the EEOC, a disability-related inquiry or medical examination may be job-related and consistent with business necessity when an employer has a reasonable belief, based on objective evidence, that: (1) an employee’s… Continue reading Prohibited Medical Inquiries – Again
Disability Accommodation for Job Applicants
A recent EEOC press release is a reminder that employer obligations to provide reasonable accommodation extend to job applicants. According to the EEOC, during the interview and orientation process, a Texas employer discovered that two job applicants were hearing impaired (because the applicants were using sign language with each other). The employer refused to provide… Continue reading Disability Accommodation for Job Applicants
$309,000 Buys a lot of Sneakers
Do you have a dress code? Does it require employees to wear shoes? What if an employee asked to wear sneakers as an accommodation for a disability? What if instead of permitting alternative footwear, the employer laid off the employee and then refused to re-hire? A recent settlement with the EEOC establishes that refusing to… Continue reading $309,000 Buys a lot of Sneakers
Employer Medical Release Too Broad
Earlier this week, the EEOC sued an employer for firing an employee who refused to complete an over broad medical release and because the release requested information about the employee’s family medical history. The employee was asked to complete the release in connection with a “fitness for duty” examination. According to the EEOC’s lawsuit, the release required that… Continue reading Employer Medical Release Too Broad
