Category: ADA

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Another Circuit Court Agrees: ADA Amendments Act is Not Retroactive

Congress did not intend for the ADA Amendments Act (ADAAA) to be retroactive, the Court of Appeals for the District of Columbia ruled yesterday, and applied pre-ADAAA law to dismiss an employment discrimination claim.  Click here to read the court’s decision in Lytes v. DC Water and Sewer Authority.  Congress passed the ADAAA in 2008 and the new … Continue Reading

Bus Driver’s “Shy Bladder Syndrome” a Disability

A school bus driver who was demoted after his "shy bladder syndrome" left him unable to comply with his employer’s drug testing procedures may proceed with claims under the Americans with Disabilites Act (ADA) according to a recent ruling from a Tennessee federal court.  Click here to read the full opinion in Melman v. Metropolitan Government … Continue Reading

Supreme Court Tightens Standards for Age Discrimination Plaintiffs

Yesterday the United States Supreme Court ruled 5-4 that trial courts may not use a "mixed motive" framework in federal age discrimination cases.  Rather, plaintiffs in age discrimination cases must prove that "but for" their age, they would not have been discriminated against.  Click here to read the Court’s decision in Gross v. FBL Financial Services.  Under a 1991 … Continue Reading

Oregon Moves to Keep Its Disability Law in Tune With the ADA

The Oregon Legislature is taking steps to keep Oregon’s disability discrimination laws consistent with the federal Americans with Disabilities Amendments Act (ADA).  Last week, Senate Bill 874 passed out of the Senate Judiciary Committee on a 4-1 vote.  SB 874 will amend existing Oregon disability law to adopt the changes made to the ADA in 2008 … Continue Reading

EEOC Deadlocks Over ADA Amendments Act Rules

The Equal Employment Opportunity Commission (EEOC) split yesterday over whether to approve a notice of proposed rulemaking on the ADA Amendments Act (ADAAA).  The commissioners voted 2-2 on whether to approve a set of proposed rules that had been drafted by EEOC’s Office of Legal Counsel.  Under the EEOC’s rules, a tie vote is the … Continue Reading

Driving Not a “Major Life Activity” Under ADA

Is driving a car a major life activity under the Americans with Disabilities Act (ADA)?  No, the Tenth Circuit Court of Appeals recently concluded, joining two other federal circuit courts that have held that just because a person cannot drive does not mean that person meets the legal definition of "disabled."  Kellogg v. Energy Safety Services, Inc. … Continue Reading

Stoel Rives Offers ADA Amendments Act Seminars in Boise, Portland and Seattle

The ADA Amendments Act (ADAAA) will become law on January 1, 2009, substantially expanding the Americans with Disabilities Act, and increasing employers’ obligations to accommodate disabled employees.  To help you get ready to comply with this important new law, Stoel Rives is offering free ADAAA seminars in its Seattle, Portland and Boise offices on December 2, 2008.  To … Continue Reading

President Bush to Sign ADA Amendments Act

The White House yesterday confirmed that President Bush will sign the ADA Amendments Act ("ADAAA") into law.  The White House issued the following statement, which can be accessed here: "The Americans with Disabilities Act of 1990 is instrumental in allowing individuals with disabilities to fully participate in our economy and society, and the Administration supports … Continue Reading

ADA Amendments Act Passes House – Next Stop White House

The ADA Amendments Act ("ADAAA") was passed by the U.S. House of Representatives earlier today.  For more information, read the House’s Press Release.  As reported previously by the Stoel Rives World of Employment, the same version of the bill was recently approved by the U.S. Senate.  The next stop for the ADAAA is the White House.  President … Continue Reading

ADAAA Update: Senate Approves ADA Amendments Act

The U.S. Senate yesterday approved the ADA Amendments Act (ADAAA) by unanimous consent, making enactment of the ADAAA likely.  As the Stoel Rives World of Employment previously reported, the ADAAA would overturn several U.S. Supreme Court decisions that many critics claim have too narrowly interpreted the Americans with Disabilities Act‘s coverage.  To read the Senate … Continue Reading

Major Changes to ADA Coming

Here’s something to be watching:  a bill currently winding its way through Congress is likely to bring significant changes to the Americans with Disabilities Act.  The bill, knows as the ADA Amendments Act ("ADAAA"), will greatly broaden the scope of the ADA.  Some highlights of the ADAAA: Reverses several Supreme Court decisions that have seemingly narrowed the … Continue Reading
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