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Maximum Leave Policies Can Cost Employers – Big Time

UPS recently agreed to pay a $2M to settle a disability discrimination suit brought by the EEOC relative to its maximum leave policy. The company’s policy required “administrative separation” if an employee was unable to return to work after 12 months.  The EEOC said this inflexible leave policy violated the ADA. In addition to the […]

2d Circuit Court of Appeals reverses $2.6 million jury verdict in disability discrimination case

A pharmacist was terminated after he claimed he was unable to administer vaccinations to customers.  Christopher Stevens sued Rite Aid for discrimination, retaliation and failure to accommodate under the Americans with Disabilities Act (ADA) and other state non-discrimination laws.  The jury awarded him $2.6 million, including $900,000 in non-economic damages. By way of background, Rite […]

EEOC Final Regulations to the ADA Amendments Act Now Available

The Americans with Disabilities Act was amended in 2008 (“ADAAA”) and imposed a number of significant changes, particularly as to the determination of who has a “disability” under the ADA.  The ADAAA overturned several major Supreme Court cases and caused concern amongst employers attempting to figure out how the changes would impact their obligations under […]