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 [...]
An unanimous U.S. Supreme Court held an employee with carpal tunnel syndrome and tendonitis, which impaired her performance of manual tasks on the job, is not “disabled” within the meaning of the Americans with Disabilities Act (ADA) in Toyota Motor Mfg. v. Williams, 2002 WL 15402 (2002). The employee, Williams, developed her ailments from use [...]
The Americans with Disabilities Act (ADA) covers former employees, the Eleventh Circuit Court of Appeals ruled in Johnson v. Kmart Corp., 273 F.3d 1035 (11th Cir. 2001). Thus, an employee who resigned in 1997 had standing to challenge Kmart’s long-term disability policy that varies benefits for mental and physical illnesses. The policy provided employees disabled [...]