- 701 Fifth Avenue, Suite 4850
Seattle, WA 98104
P : 206-447-0182
F : 206-622-9927
email: info@davisgrimmpayne.com
Category Archives: ADA
COVID-19 and the ADA (as of March 18, 2020)
Employers are faced with dealing with a variety of laws in handling the COVID-19 pandemic. The EEOC issued Guidelines in 2009 (“2009 Guidelines”) that were designed to help employers deal with a pandemic while also being compliant with the ADA. A pandemic is a global “epidemic”. The 2009 Guidelines were designed to address the H1N1 pandemic scare. The 2009 Guidelines include a discussion regarding disability-related inquiries, permissible medical examinations, “direct threat” issues and reasonable accommodation obligations. The Guidelines also include … Continue reading
Posted in ADA, COVID-19
Tagged ADA, Americans with Disabilities Act, Coronavirus, COVID-19
Leave a comment
Federal Judge Dismisses EEOC Case Based on Lack of Details in Complaint
Recently, a federal judge in the District of Columbia dismissed an Equal Employment Opportunity Commission (“EEOC”) lawsuit against Walmart on procedural grounds relating to the level of detail required in a complaint. This case serves as a reminder of the the necessary elements for a reasonable accommodation claim. In this case, two employees with hearing limitations alleged that the managers at the Walmart store where they worked failed to accommodate their disability. The two employees had sought sign language interpretation … Continue reading
Posted in ADA, EEOC, Reasonable Accommodation
Tagged ADA, EEOC, Motion to Dismiss, Pleading, Reasonable Accommodation
Leave a comment
The EEOC Explains How Blanket Attendance and Leave Policies can Disadvantage Workers with Disabilities
In July 2018, the Equal Employment Opportunity Commission (EEOC) announced a consent decree involving claims of disability discrimination against a metal products manufacturer. According to the EEOC, this manufacturer violated the law when it: 1) awarded attendance points to employees regardless of the reason for absence, and 2) automatically terminated employees who did not return to work after taking extended leave. Regarding #1, the EEOC explained that this blind points system meant that employees taking leave for ADA or FMLA … Continue reading
Posted in ADA, EEOC, FMLA, Handbook Policies, Leave Laws, Reasonable Accommodation, Sick Leave
Tagged ADA, Attendance, EEOC, FMLA, Handbook policies, Leave Policies
Leave a comment
ADA Reasonable Accommodations Seminar – Best Practices for Employers to Avoid Liability
May 5, 2016 · 10:00-11:30 a.m. · Columbia Center, Seattle
Employment law can be complicated, especially regarding the Americans with Disabilities Act (ADA) and the Family and Medical Leave Act (FMLA). To help employers minimize their risk of liability, labor and employment law attorney Selena Smith is partnering with the Association of Washington Business to host a seminar on May 5. Selena Smith will discuss employers’ legal obligations and rights, as well as best practices for addressing employees’ disabilities. Attendees will learn: Legal Obligations Regarding Reasonable Accommodations Effective Strategies for … Continue reading
Posted in ADA, Firm News, FMLA, Reasonable Accommodation, Seattle, Seminar
Tagged ADA, Association of Washington Business, FMLA, Reasonable Accommodation, Seminar
Leave a comment
SOCIAL ANXIETY DISORDER AND ADA DISABILITY
The United States Court of Appeals for the Fourth Circuit ruled on March 12, 2015 that social anxiety disorder may be a recognized disability under the Americans with Disability Act (ADA). The case is titled: Jacobs v. N.C. Administrative Office of the Courts. Previously, the ADA definition of disability had been construed more narrowly by the courts. However, where the alleged unlawful acts occurred after January 1, 2009, the Americans with Disabilities Act Amendments Act of 2008 (“ADAAA”) applies. Under … Continue reading