DGRead 23.12.15

Drink Up: Employer Liability for Alcohol Impaired Employees; Mocktails Allow for Inclusivity at Company Holiday Parties; DiMuroGinsberg Welcomes Neil Ripley; Happy Holidays!

ADA Legal Developments

Although the Americans with Disabilities Act was enacted into law over 30 years ago, questions still arise as to who is covered by the statute and what does the law require in eliminating disability discrimination in employment. The courts recently have provided guidance on these matters by addressing what are the essential functions of the job, how extensive is an employer’s obligation to reasonably accommodate a disabled employee, and what constitutes evidence of discrimination. A discussion of these and other ADA court decisions is included in DiMuroGinsberg partner Jonathan R. Mook’s November, 2023 update to his treatise, ADA: Employee Rights and Employer Obligations, published by LEXIS Publishing.

Importantly, the ADA is not limited to rooting out employment discrimination against persons with disabilities. It also prohibits discrimination by public accommodations and commercial facilities, which covers office buildings and manufacturing facilities as well as movie theaters and even cyberspace. Jonathan’s treatise, ADA: Public Accommodations and Commercial Facilities, also published by LEXIS Publishing, provides an in-depth analysis of what steps entities must do to make their buildings and services accessible to those persons with disabilities. Jonathan’s November, 2023 update to that treatise includes a discussion of several interesting cases where the courts came to different conclusions as to whether disabled plaintiffs had standing to pursue claims that the website of a business violated the ADA’s requirements. Additional developing issues include court decisions addressing whether rude behavior toward disabled customers constitutes unlawful discrimination and what constitutes barrier removal that is readily achievable.

If you would like a summary of the recent developments highlighted in Jonathan’s updates to his treatises, entitled “Americans with Disabilities Act: Litigation Update,” please contact Jonathan at jmook@dimuro.com.

DGRead 23.12.01

Is AI a Good Tool for Disability Accommodation Talks?; Rocket Docket Update; ADA Legal Developments

DGRead 23.11.15

4 Tips for Staying Out of Court on Mental Health Claims; EEOC Focuses on Disability; A Happy Thanksgiving to Our Clients and Friends!

DGRead 23.11.01

Keeping Pace with Employment Law; Rocket Docket Update; EEOC Targets Hearing Impaired Bias

DGRead 23.10.15

There’s Still Time to Catch the Annual View from the Bench CLE; The Rule of Law in War; National Disability Employment Awareness Month

DGRead 23.10.01

Ethics Update for Virginia Lawyers 2023; Leave Me Be! Happy Fall

DGRead 23.09.15

Ben DiMuro to Moderate 2023 Annual View from the Bench CLE; Could the 5th Circuit’s Broad Title VII Reading Apply to the ADA?; 9/11…We Remember

DGRead 23.09.01

Understanding the Americans with Disabilities Act; A Good Read; DiMuroGinsberg Attorneys Recognized as Best Lawyers in America for 2024

DGRead 23.08.15

There’s Still Time to Register for The DC Bar CLE: Understanding the Americans with Disabilities Act; We Can’t Ignore Menopause in the Workplace; DiMuroGinsberg Partner Nina Ginsberg Receives Prestigious 2023 Heeney Award