Publications

Section Newsletter Articles on Americans with Disabilities Act

Employee lacks ADA claim because of absenteeism By Michael R. Lied Labor and Employment Law, May 2013 Because there was no evidence permitting a conclusion that the plaintiff was a qualified individual for ADA purposes, the district court correctly entered summary judgment for the defendant on her ADA claim.
Reasonable accommodations overview under Title I of the Americans With Disabilities Act of 1990, as amended By Mary Anne Spellman Gerstner General Practice, Solo, and Small Firm, April 2013 Do you get inquiries about requests for accommodations? This overview of pertinent standards under Title I of the Americans With Disabilities Act may facilitate an efficient response.
“But, Mommy, Kylie gets to keep her pony in the house…!” Federal and state laws expand to include miniature horses as “service animals” By Melissa Anne Maye Animal Law, January 2013 The federal Americans With Disabilities Act recently expanded its definition of “service animal” to include miniature horses.
Psychological counseling may be a medical examination under the ADA By Michael R. Lied Labor and Employment Law, October 2012 In Emily Kroll v White Lake Ambulance Authority, the court of appeals vacated the judgment of the district court granting summary judgment in favor of the defendant and remanded for further proceedings.
Wellness program survives ADA challenge By Michael R. Lied Labor and Employment Law, October 2012 A summary of Seff v. Broward County, Florida.
Plaintiff’s challenge to employer’s light duty policy fails By Michael R. Lied Labor and Employment Law, June 2012 Serednyj v. Beverly Healthcare, LLC, 656 F.3d 540 (7th Cir. 2011), involved claims of gender discrimination under Title VII, The Pregnancy Discrimination Act, (“PDA”), disability discrimination under the Americans with Disabilities Act (“ADA”), and retaliation.
Preparing a will for a client with communication challenges By Gerry W. Beyer Trusts and Estates, April 2012 This article reviews a variety of communication challenges and recommends techniques to reduce the likelihood of these challenges playing a part in setting aside the testator’s will.
Final regulations for the Americans with Disabilities Amendments Act are now available By Eileen M. Geary Government Lawyers, January 2012 The new regulations follow the ADAAA’s directive that mitigating measures not be considered in determining whether an impairment substantially limits a major life activity. Mitigating measures can eliminate or reduce the symptoms or impact of an impairment, and can include medication, prosthetics, and assistive technology.
Case notes and civil case summaries Local Government Law, June 2011 Recent cases of interest to local government lawyers.
Motor carrier defeats HIV-positive driver’s ADA and related claims By William D. Brejcha Energy, Utilities, Telecommunications, and Transportation, June 2011 The case of EEOC v. C.R. England, Inc. will be helpful to motor carriers and others as it answers some fundamental questions that arise from the ADA statute which have not been previously addressed in detail by the courts.
Final regulations on the Americans with Disabilities Act relating to state and local government services recently were issued by the Department of Justice By Eileen M. Geary Government Lawyers, December 2010 A brief review of some of the new provisions under Title II of the Americans with Disabilities Act.
Return-to-work evaluation is medical exam under ADA By Michael R. Lied Labor and Employment Law, April 2010 Employers intending to use a return-to-work examination must determine whether the EEOC's seven factors suggest that the examination is in fact a medical examination. If so, the examination must be justified as job related, and backed by business necessity.
Brief review of new provisions in the ADA Amendments Act of 2008 EEOC invites public comment and input on new regulations for the statute through November 23, 2009 By Eileen M. Geary Government Lawyers, December 2009 Last fall, Congress enacted the Americans with Disabilities Amendments Act of 2008 , which became effective on January 1, 2009. See Pub. L. No. 110-325, 122 Stat. 3554. In the Act’s Findings and Purposes, Congress stated its intention in enacting the ADA of 1990 that the statute “’provide a clear and comprehensive national mandate for the elimination of discrimination against individuals with disabilities’ and provide broad coverage.”
Checks and balances at work: The ADA Amendments Act of 2008 By William D. Goren Diversity Leadership Council, June 2009 The Americans with Disabilities Act Amendments Act of 2008 overrule several United States Supreme Court decisions that had narrowed considerably the scope of the Americans with Disabilities Act of 1990.
EEOC issues ADA guidance on applying performance and conduct standards to employees with disabilities By Mary Theresa Metzler and Karen D. McCarthy Corporate Law Departments, October 2008 On September 3, 2008, the EEOC issued “a comprehensive question-and-answer guide addressing how the Americans with Disabilities Act (ADA) applies to a wide variety of performance and conduct issues.”
The ADA on the edge of 17: That was the law that was By Patrick J. Kronenwetter Diversity Leadership Council, June 2008 In addressing the concept of diversity within the legal profession, the constituencies that most often come to mind are women, racial and ethnic minorities and persons with alternate sexual orientations or gender issues. But there is another, sometimes over-looked, group of lawyers who should be included in any discussion on diversity—namely, lawyers with disabilities.
The ADA on the edge of 17: That was the law that was By Patrick J. Kronenwetter Racial and Ethnic Minorities and the Law, June 2008 Diversity, to no one’s surprise, means different things to different people.
Retaliation: How to prove it, How to avoid it. Attorney’s Perspective – Plaintiff By Lori D. Ecker Labor and Employment Law, June 2007 In cases where the plaintiff claims that she was retaliated against for exercising her rights under the ADEA, the usual common law tort damages, such as emotional distress, may be recovered. The same is true for retaliation cases under the Fair Labor Standards Act. The expectation is that the same would hold true for retaliation claims under the FMLA, although there do not appear to be any Seventh Circuit decisions on point.
Termination of Parental Rights in Illinois and The Americans With Disabilities Act By Lori DeYoung and Alan Novick Child Law, June 2006 Assessing the risk of child maltreatment in order to prevent an initial incident or reoccurrence of injury is a critical duty of professionals working in child protective services.
Inconsistent assertions regarding disabilities made in ADA complaints and in applications for disability benefits By Paul E. Freehling Labor and Employment Law, October 2005 As a consequence of the U.S. Supreme Court’s decision in Cleveland v. Policy Management Sys. Corp., 526 U.S. 795 (1999), discussed below, an Americans with Disabilities Act (ADA) lawsuit plaintiff who also has filed one or more applications for disability benefits clearly is required to explain the apparent inconsistency between (a) statements on the application(s) that the applicant is unable to work, and (b) allegations in the ADA complaint that the plaintiff is able to perform the job’s essential functions.
No jury and no compensatory damages, no punitives in ADA retaliation claim By Lorna K. Geiler Labor and Employment Law, April 2004 Colleen Kramer sued her former employer, Bank of America Securities, LLC ("BOA") for, among other things, retaliatory discharge under the Americans with Disabilities Act ("ADA").