ADA

April 3, 2014
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Employer Violates ADA with Pre-Offer Drug Test

In a recent court case, an employer was found in violation of the Americans with Disabilities Act (ADA) for requiring applicants to take drug tests before making a job offer.   The EEOC successfully argued that the pre-offer drug tests violated the ADA because the tests constituted a “medical examination” that gathered medical information about the applicants, even if the...
September 17, 2013
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Maryland Employers Must Arrange 'Light Duty' for Pregnant Employees

Effective Oct. 1, employers in Maryland with 15 or more on the payroll must provide pregnant employees with added reasonable accommodations going beyond those afforded by the federal Americans with Disabilities Act (ADA) and Pregnancy Discrimination Act (PDA). Essentially, employers must rearrange the essential functions of a pregnant employee's job so that it is less strenuous or is ...
July 25, 2013
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ADA Celebrates 23rd Anniversary Today

The Americans with Disabilities Act (ADA) became law on July 26, 1990, 23 years ago today, as then-President George H.W. Bush signed the legislation into law. The ADA contains five sections, or what are called "titles" in government-ese, to wit: Title I Employment, Title II State and Local Government, Title III Public Accommodations, Title IV Telecommunications, and Title V Tran...
February 20, 2013
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ADAAA Settlements on the Rise

Since the adoption of the Americans with Disabilities Amendments Act (ADAAA) in 2008, there has been a dramatic increase in disability claims and settlements based on the ADAAA's expanded definition of disability. According to an analysis of Equal Employment Opportunity Commission (EEOC) statistics by Warren and Associates: Settlements related to claims of disability discrimination based ...
September 26, 2012
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California Enacts Law to Curb Frivolous ADA Lawsuits

With just 12 percent of the nation's disabled persons residing in the state, California faces 40 percent of the nation's Americans with Disabilities Act (ADA) lawsuits each year, but a recently signed law aims to make it harder for lawyers to file frivolous and shakedown lawsuits. State Senator Bob Dutton (R-Rancho Cucamonga), who introduced the measure together with Senate President Pr...
July 25, 2012
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ADA Marks 22nd Anniversary Today

The Americans with Disabilities Act (ADA) was signed into law on July 26, 1990, by then-President George H.W. Bush, and it has been the law of the land ever since. It was even re-energized and augmented by the ADA Amendments Act of 2008, which was signed into law by the elder Bush's son. The ADA transformed Section 504 of the Rehabilitation Act of 1973, which governed only businesses workin...