By: Jonathan R. Mook Since the 1980s, Virginia has prohibited employment discrimination against disabled workers under the Virginians with Disabilities Act (VDA). Accordingly, it’s understandable many employers in the state may have overlooked critical amendments to the Virginia Human Rights Act (VHRA) enacted by the legislature this year and signed into law by Governor Ralph […]
By Allen Smith, J.D. September 20, 2021 COVID-19 long-haulers—those experiencing long-term effects of COVID-19—who seek disability-related exemptions from mandatory vaccination policies are straining employers’ accommodation processes. The Occupational Safety and Health Administration’s (OSHA’s) anticipated emergency temporary standard—which will mandate employees of businesses with at least 100 workers get vaccinated or submit to weekly testing—will result […]
Be Prepared…Litigation is Often the Ultimate Reality; First Disability Accommodation Lawsuit; Understanding The Gender Dysphoria Legal Background; Award for Nina Ginsberg
By: Anne Cullen Law360 (September 9, 2021, 6:36 PM EDT) — The U.S. Equal Employment Opportunity Commission’s first disability accommodation lawsuit tied to the pandemic sheds light on how businesses can handle the ongoing surge in telework requests without violating anti-discrimination law, experts say. In the lawsuit, which was filed Tuesday, the workplace bias watchdog […]
By: Anne Cullen Law360 (July 12, 2021, 6:49 PM EDT) — Despite some major carveouts in the Americans with Disabilities Act surrounding transgender individuals, federal district courts are increasingly endorsing the claim that gender dysphoria merits protections under the federal anti-discrimination law. Medical research makes clear that the condition can be severely disabling, as the […]
Preventing the Spread; Rocket Docket Update; Nina Ginsberg – Lawyer of the Year; COVID-19 Virus Long-Haulers Almost Certain to Find Protection from the ADA; DG/30 Milestone
By: Jonathan R. Mook As the COVID-19 pandemic continues to wreak havoc across the U.S., especially with the prevalence of the delta variant, an increasing number of individuals still are suffering the long-term health effects of the virus even though they may have initially been infected months ago.[1] According to the Centers for Disease Control […]
By: Jonathan R. Mook If a disabled employee cannot be reasonably accommodated in his or her current job, the Americans with Disabilities Act (“ADA”) requires an employer to consider reassigning the employee to a vacant position that the employee is qualified to perform. Importantly, however, reassignment is not a preferred accommodation under the statute. As […]
Reassigning Disabled Employee to Another Job May Violate the ADA; Rocket Docket Update; What If a Job Applicant Discloses a Disability?; DG/30 Milestone
DiMuroGinsberg Persuades Virginia Supreme Court to Reverse ad Dismiss Almost $1Milliion Commercial Transaction Judgement; Rocket Docket Update; Are You Violating the ADA by Reassigning a Disabled Employee to a Vacant Position?; DG/30 Milestone
