Americans with Disabilities Act (ADA)

If you had asked me a few years ago about ADA accessibility lawsuits, I would have talked about the importance of ensuring your business’s seating, aisles, and restrooms complied with the ADA accessibility guidelines.  Although plaintiffs continue to file lawsuits alleging barriers to physical accessibility, over the past two years, a new type of accessibility

39224362 – web content accessibility concept with wheelchair icon and symbol on a blue computer key for blog and online business.

The claim du jour is website accessibility.

Plaintiffs are suing businesses in alarming numbers alleging that websites are not accessible to persons with disabilities.  In this alert, Fox attorneys

I recently participated in a panel discussion about ADA/FEHA reasonable accommodation and interactive process issues for the LA County Bar Association. I presented on a panel with a plaintiff’s attorney and a disability rights expert/mediator.

Doctor's note
Copyright: hvostik / 123RF Stock Photo

Despite our differing points of view, there were many

Reasonable accommodation issues are tough.  Employees often want a lot of things that are not justified by a doctor’s note, and appropriately documenting the interactive process can be an uphill battle.

If you are in the LA area and have burning questions about how to reasonably accommodate employees under the ADA and California’s FEHA, then

Copyright: stockbroker / 123RF Stock Photo
Copyright: stockbroker / 123RF Stock Photo

One of our ongoing themes has been the extent of an employer’s obligation to accommodate disabled employees. A recent unpublished court of appeal decision – Swanson v Morongo Unified – illustrates this point.

Swanson, an elementary school teacher, had recently been treated for

Just last week I was complaining about the lack of guidance for employers dealing with employees who blame their bad behavior on a disability. Now a fired financial adviser is asking the Supreme Court to weigh in on the issue.

Morgan Stanley fired Ryan Foley from his job as a financial analyst when he removed

I’ve complained before about the lack of guidance for employers dealing with employees who attribute their bad behavior to a disability. The Ninth Circuit’s August 15, 2014 decision in Weaving v. City of Hillsboro (pdf) only adds to the confusion.

The City of Hillsboro, Oregon fired Weaving from his job as a police sergeant

The Law School Admission Council – a nonprofit that administers the Law School Aptitude Test or LSAT – has settled a dispute with the Department of Justice and California’s Department of Fair Employment and Housing over accommodations for disabled test-takers.

As we discussed here, California enacted Education Code section 99161.5 in 2013 to:

  1. require