Archive for 'Disability'

2008, the Americans with Disabilities Act (“ADA”) was amended to broaden the scope of conditions that constituted a “disability” under the ADA.  The definition is considered so broad that employment lawyers often joke everything is a disability.  While this joke is a good cautionary tale, courts continue to provide guidance on what is and is […]

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The Americans with Disabilities Act (“ADA”) prohibits discrimination on the basis of disability in employment and requires covered employers to provide reasonable accommodations to applicants and employees with disabilities that require such accommodations due to their disabilities. In May, the Equal Employment Opportunity Commission, the federal watchdog that enforces anti-discrimination laws, issued additional guidance on […]

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The Connecticut Supreme is about to decide if an employee can smoke pot on the job and not get fired. On March 31, 2016, the Supreme Court heard oral arguments on this point in State of Connecticut v. Connecticut Employees Union Independent et. al. The case stems from Gregory Linhoff’s, a former maintenance worker at […]

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New York Law Journal March 2, 2016 Does your Company have at least one employee? If the answer is YES, then the Uniformed Services Employment and Reemployment Rights Act (“USERRA”) applies to you.  USERRA prohibits employment discrimination against a person on the basis of past military service, current military obligations, or intent to serve. To […]

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In a blow to legalized marijuana advocates but a move that is sure to please employers, the Colorado Supreme Court recently ruled that a company could lawfully fire an employee who used medical marijuana on his personal time. The legal status of marijuana, and medical marijuana in particular, remains hazy. While more and more states […]

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