We have all seen various drug advertisements, where the announcer states, “Side-effects may include…” and goes on to list a litany of possible life-threatening conditions. What happens when an employee who is otherwise not disabled suffers disabling side-effects and is subsequently discharged for not doing his job? Is this employee protected by the Americans with [...]
We can’t overemphasize the importance of having consistently applied, non-discriminatory employment practices. While such practices can’t prevent law suits, they can help win them, even in the face of difficult facts. A good example is a found in a recent decision by the U.S. Court of Appeals for the Third Circuit (covering Delaware, New Jersey, [...]
Is showing up to work on time an essential job function under the Americans with Disabilities Act (“ADA”)? According to a recent decision by the U.S. Court of Appeals for the Second Circuit, the answer is yes! In Rios v. Department of Education, the plaintiff alleged she was discharged in violation of the ADA when [...]
The New Jersey Supreme Court recently held that obesity is a handicap under the New Jersey Law Against Discrimination (NJLAD), but the $50,000 holding for the disabled plaintiff was reversed and the case remanded because of jury instructions prejudicial against the employer. Viscik v. Fowler Equip. Co., N.J. No. 51855, 3/28/02.
Viscik weighs 400 pounds, and [...]