Americans With Disabilities Act Archives

“Can I Be Fired Because I’m Overweight?”

Unless your weight has some connection to a “protected basis” in anti-discrimination law, in New Jersey, you can be fired because you’re overweight. As long as a firing decision isn’t illegal, the reason can be as irrational and illogical as your employer sees fit. The issue of discrimination against people who are heavier than average…

“Can My Disability be Accommodated by Working From Home?”

Thanks to COVID-19, the US Census estimates about 27 million Americans worked from home in 2021. Many employers who wouldn’t allow people to work from home had to reverse their policies to stay open. Will this open the door to more widespread work-from-home accommodations for disabled employees? Under New Jersey and federal law, disabled workers…

United Airlines’ recent approach to disabled workers’ rights does not fly . . .

While all people encounter challenges in their lives, those who are disabled face difficulties others cannot imagine. Fortunately, individuals with disabilities now have specific legal protections in the workplace. When a disabled person believes s/he is being discriminated against in the workplace, legal action may follow. A successful claim against United Airlines illustrates the point…

$240 Million Verdict in Stunning Disability Discrimination Case

On Wednesday, the U.S. Equal Employment Opportunity Commission announced that is has secured the largest jury verdict in the agency’s history. The $240 million verdict stems from a disability discrimination and abuse case involving a turkey company. While this is an important accomplishment for the EEOC, it is bittersweet as it is a reminder that…

Dillard’s settles class action medical leave lawsuit

When an employee takes a leave from work due to a medical issue, certain federal and New Jersey state employment rights kick in. Under the federal Family and Medical Leave Act, for example, most employers are required to provide employees with up to 12 weeks of leave due to illness, pregnancy or adoption, or the need…