Jonathan R. Mook

Jonathan R. Mook is a nationally recognized authority on the Americans with Disabilities Act and is the author of two treatises published by Matthew Bender Company, “Americans with Disabilities Act: Employee Rights and Employer Obligations” and “Americans with Disabilities Act: Public Accommodations and Commercial Facilities.” Mr. Mook lectures nationally on the Americans with Disabilities Act and other employment law topics. He is a member of the editorial board for the Bender’s Labor and Employment Bulletin and a member of the Editorial Advisory Board at Employment Law360. Mr. Mook has been listed in Who’s Who in American Law and Who’s Who of Emerging Leaders in America.

Memberships:

• Virginia State Bar
• The District of Columbia Bar

Representative Cases:

• Obtained favorable Virginia Supreme Court ruling on intentional infliction of emotional distress.
• Obtained a precedent setting Supreme Court ruling regarding the rights of parents.
• $3 million arbitration award including damages and attorneys’ fees upheld by D.C. Court of Appeals.
• Obtained multi-million dollar settlement in a wrongful death 1983 action involving a SWAT team police shooting.

Publications:

• Co-Editor, Virginia Employment Law Letter, BLR, Business & Legal Resources
  • “Virginia adopts modest maternity benefits for employees” Virginia Employment Law Letter (Jul. 2022)
  • “Virginia jettisons COVID-19 workplace standard” Virginia Employment Law Letter (Jun. 2022)
  • “Virginia abandons Equal Rights Amendment” Virginia Employment Law Letter (May 2022)
  • “2022 heralds changes for Virginia employees” Virginia Employment Law Letter (Feb. 2022)
  • “OSHA issues employer vaccination/testing mandate” Virginia Employment Law Letter (Jan. 2022)
  • “EEOC” issues guidance on COVID-19 vaccine religious exemptions” Virginia Employment Law Letter (Dec. 2021)
  • “How Virginia’s new COVID-19 rules affect your workplace” Virginia Employment Law Letter (Nov. 2021)
  • “Virginia enacts enhanced protections for disabled employees” Virginia Employment Law Letter (Nov. 2021)
  • “Reassigning disabled employees to another job may violate the ADA” Virginia Employment Law Letter (Aug. 2021)
  • “Virginia minimum wage rises to $9.50” Virginia Employment Law Letter (Jul. 2021)
  • “Virginia’s new overtime law has real teeth” Virginia Employment Law Letter (Jul. 2021)
  • “Despite ratification vote, ERA’s status remains in limbo, maybe ‘RIP’” Virginia Employment Law Letter (Jun. 2021)
  • “Virginia enacts permanent COVID-19 workplace standard” Virginia Employment Law Letter (May 2021)
  • “Virginia enacts ‘scaled-down’ paid leave” Virginia Employment Law Letter (Jun. 2021)
  • “4th Circuit upholds shortened limitation period in arbitration agreement” Virginia Employment Law Letter (Mar. 2021)
  • “When asking about an individual’s disability is required” Virginia Employment Law Letter (Mar. 2020)
  • “Virginia to ratify Equal Right Amendment” Virginia Employment Law Letter (Feb. 2020)
  • “If you’re found liable for age discrimination, it’s going to cost you” Virginia Employment Law Letter (Jan. 2020)
  • “Blue Virginia likely to legislate more green for workers” Virginia Employment Law Letter (Jan. 2020)
  • “Employer settles ADA employee testing suit” Virginia Employment Law Letter (Oct. 2019)
  • “We all have a role in stopping gun violence” Virginia Employment Law Letter” (Aug. 2019)
  • “Supreme Court ends ‘mark of the beast’ litigation” Virginia Employment Law Letter (Apr. 2018)
  • “You can be sleepless in Seattle, but not a work: dealing with sleep-deprived workers” Virginia Employment Law Letter (Feb. 2018)
  • “Fat bias can grow into a big legal problem” Virginia Employment Law Letter (Jan. 2018)
  • “Is your workplace going to the dogs?” Virginia Employment Law Letter (Nov. 2017)
  • “Richmond sheriff doesn’t have to fill vacancy with disabled deputy” Virginia Employment Law Letter (Feb. 2017)
  • “Virginia jury sheers former Hair Club hairstylist of almost $260,000” Virginia Employment Law Letter (Jan. 2017)
  • “Supreme Court won’t review ADA obesity case” Virginia Employment Law Letter (Nov. 2016)
  • “Hair today, gone tomorrow: Former employee can’t shed noncompete duties” Virginia Employment Law Letter (Oct. 2016)
  • “EEOC responds to Consol’s ‘mark of the beast’ appeal” Virginia Employment Law Letter (Sep. 2016)
  • “Is obesity a disability under the ADA? It depends,” Virginia Employment Law Letter (Jul. 2016)
  • “EEOC issues final regs governing wellness plans,” Virginia Employment Law Letter (Jun. 2016)
  • “Trial court uphold $600,000 award in CONSOL ‘mark of the beast’ suit,” Virginia Employment Law Letter (Mar. 2016)
• “ADA Protections for Opioid Use Disorder,” Bender’s Labor & Employment Bulletin (June, 2022)
• “COVID-19: A Regarded-As Disability,” Bender’s Labor & Employment Bulletin (February, 2022)
• “Is Long COVID an ADA Disability: The Jury is Still Out,” Bender’s Labor & Employment Bulletin (October, 2021)
• “When Reassignment to Vacant Position Violates the ADA,” Bender’s Labor & Employment Bulletin (July, 2021)
• “Fourth Circuit Says That Attorney Fees May Be Awarded Even Where Employee Suffers No Damages,” Bender’s Labor & Employment Bulletin (May, 2021)
• “Tenth Circuit Joins Other Courts on Failure to Accommodate Claims” Bender’s Labor & Employment Bulletin (March, 2021)
• “Fourth Circuit Says “No” to Transfer Preferences for Disabled Employees” Bender’s Labor & Employment Bulletin (January 2021)
• “Being Unable to Perform One’s Job Is Not Disabling Under the ADA” Bender’s Labor & Employment Bulletin (May 2020)
• “Tenth Circuit Holds That Medical Testimony Not Necessary to Establish Disability,” Bender’s Labor & Employment Bulletin (February 2020)
• “Seventh Circuit Rules That Obesity Is Not An ADA Disability,” Bender’s Labor & Employment Bulletin (Aug. 2019)
• “Seventh Circuit Upholds Legality of Psychiatric Evaluation,” Bender’s Labor & Employment Bulletin (Feb. 2018)
• “Existing EEOC Wellness Regs Must End By 2019.”  Bender’s Labor & Employment Bulletin (Feb. 2018)
• “Court Sends ADA/GINA Wellness Regs Back to EEOC,” Bender’s Labor & Employment Bulletin (October 2017)
• “Eleventh Circuit: No Transfer Preferences for Disabled Employees,” Bender’s Labor & Employment Bulletin (February 2017)
• “Eighth Circuit Holds That Obesity Is Not An ADA Disability,” Bender’s Labor & Employment Bulletin (June 2016)
• “EEOC Issues Final Rules on Wellness Programs,” Bender’s Labor & Employment Bulletin (July 2016)
• “Fourth Circuit Adopts ‘But For’ Causation for ADA Claims,” Bender’s Labor & Employment Bulletin (May 2016)
• “Circuit Courts Address Who Is ‘Qualified’ Under the ADA,” Bender’s Labor and Employment Bulletin (March 2016)
• “EEOC Proposes Amending GINA Regs for Wellness Plans,” Bender’s Labor & Employment Bulletin (January 2016)
• “Ninth Circuit Clarifies Standard for ADA Misconduct Cases,” Bender’s Labor & Employment Bulletin (October 2015)
• “EEOC Issues Proposed Rule on Wellness Programs,” Bender’s Labor & Employment Bulletin (July 2015)
• “Sixth Circuit Nixes Disabled Employee’s Telework Request,” Bender’s Labor & Employment Bulletin (June 2015)
• “Ebola and the Americans with Disabilities Act,” Bender’s Labor & Employment Bulletin (January 2015)
• “EEOC Announces Groundbreaking Rule for Pregnancy Accommodation,” Bender’s Labor & Employment Bulletin (October 2014)
• “Sixth Circuit Gives Boost to Telecommuting as ADA Accommodation,” Bender’s Labor & Employment Bulletin (July 2014)
• “Sixth Circuit Revives Firefighter’s ADA Claim,” Bender’s Labor & Employment Bulletin (May 2014)
• “ADA May Cover Short-Term Impairments,” Bender’s Labor & Employment Bulletin (March 2014)
• “OFCCP Mandates Numerical ‘Goal’ for Federal Contractors to Employ Disabled Employees,” Bender’s Labor & Employment Bulletin (November 2013)
• “Massachusetts Takes the Lead in Holding that Disability Discrimination Includes Associational Bias,” Bender’s Labor & Employment Bulletin (October 2013)
• “Supreme Court Lets Stand Seventh Circuit Ruling on Reassignment as a Reasonable Accommodation,” Bender’s Labor & Employment Bulletin (July 2013)
• “Second Circuit Rules ADA Title II Not Applicable to Employment,” Bender’s Labor & Employment Bulletin (June 2013)
• “Punctuality Not Always an ADA Essential Job Function,” Bender’s Labor & Employment Bulletin (May 2013)
• “Working Rotating Shifts May Be an Essential Job Requirement,” Bender’s Labor & Employment Bulletin (Nov. 2012)
• “Transfer for Medical Treatment May Be ADA Reasonable Accommodation,” Bender’s Labor & Employment Bulletin (Nov. 2012)
• Sixth Circuit Adds “But-For” Causation Standards for ADA Claims,” Bender’s Labor & Employment Bulletin (Sept. 2012)
• “Does the ADA Require Transfer Preferences for Disabled Employees?,” Bender’s Labor & Employment Bulletin (May 2012)
• “OFCCP Proposes Numerical Goals for Hiring Disabled,” Bender’s Labor & Employment Bulletin (February 2012)
• “Courts Give Guidance on Applying ADAAA,” Bender’s Labor & Employment Bulletin (December 2011)
• “EEOC Issues Final Regulation for ADAAA,” Bender’s Labor & Employment Bulletin (June 2011)
• “Sixth Circuit Says City May Require Returning Employees to Disclose Medical Information,” Bender’s Labor & Employment Bulletin (May 2011)
• “Americans with Disabilities Act: A View from the Trenches,” 2011 Speaker Series, LexisNexis, May 17, 2011
• “Must Employers Reasonably Accommodate Medical Marijuana Use?,” Bender’s Labor & Employment Bulletin (July 2010)
• Americans with Disabilities Act: Employee Rights and Employer Obligations
• Americans with Disabilities Act: Public Accommodations and Commercial Facilities

Lectures and Webinars:

• “ADA Accommodations for At-Risk Employees.” Strafford (January 27, 2021)
• “HR Trends,” Simplify Compliance (January 20, 2021)
• “Americans with Disabilities Act: Litigation Update,” International Municipal Lawyers Association (January 5, 2021)
• “Understanding the Americans with Disabilities Act: ADA Employent Law and Litigation for Beginners,” D.C.Bar ( August 4, 2020)
• “Mental Health in the Workplace: How to Address Employee Mental Health Issues Due to Stress, Anxiety, and PTSD and Avoid Any Legal Backlash,” Business & Legal Resources (June 17, 2020
• “New Virginia Worker Protections: What You Need to Know,” DiMuroGinsberg (June 2, 2020)
• “The Families First Coronavirus Response Act: What You Need to Know,” International Municipal Lawyers Association (April 15, 2020)
• “The Families First Coronavirus Response Act: What You Need to Know,” American Public Power Association (April 6, 2020)
• “Granting ADA Accommodation Requests: How to Evaluate Whether Disability Protection Applies to Physical and Mental Impairments,” HR Comply, Nashville (November 15, 2019)
• “Obesity: an ADA-Covered Impairment or Not? How to Practically Manage Your Legal Obligations,” Busines & Legal Resources (September 12, 2019)
• “Do We Have to Grant This ADA Accommodation Request? The Analysis to Follow Each and Every Time to Minimize Your Legal Risks,” Business & Legal Resources (April 9, 2019)
• “Avoiding and Defending Failure to Accommodate Claims under the ADA,” Clear Law Institute (April 2, 2019)
• “Anxiety, Workplace Stress. and PTSD,” Business & Legal Resources (February 5, 2019)
• “Legal Requirements Concerning Accessibility of Websites and Electronic Communication,” HR Comply, Las Vegas (November 15, 2018)
• “Anxiety, Workplace Stress, and PTSD: HR’s ADA Accommodation and Performance Management Roadmap,” Business & Legal Resources (October 19, 2018)
• “Hot Employment Issues: What You Need to Know,” American Public Power Association, Charleston (October 8, 2018)
• “Mental Illness Under the ADA and FMLA: Avoiding and Defending Claims”, Strafford (March 20, 2018)
• Return to Work and Fitness-for-Duty Certification Challenges Under the FMLA and ADA.” Strafford (March 14, 2018)
• “Legal Requirements and Risks Concerning Website Accessibility,” with Charles Plumb, Esq., BLR (September 2017)
• “Navigating Return to Work and Fitness for Duty Certification Challenges Under the FMLA and ADA,” Strafford Publications (November 22, 2016)
• “ADA Accessibility: Current Legal Risks and Practical Solutions for Ensuring that Disabled Applicants and Employees Have Adequate Opportunity to Participate in the Workplace,” Advanced Employment Issues Symposium, Las Vegas, NV (November 11, 2016)
• “Labor and Employment Law Update: What In-House Counsel Need to Know and Understand,” 2016 American Public Power Association Legal & Regulatory Conference, Long Beach, CA (October 18, 2016)
• “FMLA, ADA and Workers’ Comp Overlap: Overcoming New Compliance Challenges,” Business & Legal Resources (September 20, 2016)
• “Selected Issues from the ADA and Reasonable Accommodation World” Webinar, International Municipal Lawyers Association (August 2016)
• “ADA Employment Law and Litigation Update 2016,” District of Columbia Bar
• “Final EEOC Rules on Wellness Programs: Strategies for a Structuring Compliant, Effective Plan Ahead of the Effective Date,” Business Legal Resources (June 24, 2016)
• “2016 Federal Employment Law Outlook,” Business & Legal Resources (January 5, 2016)
• “ADA/FMLA Audit Toolbox: Solutions to Leave Administration and Accommodation Challenges.” Advanced Employment Issues Symposium, Las Vegas (November 2015)
• “Disabled or Not? How to Evaluate if an Employee is Qualified Under the ADA,” Advanced Employment Issues Symposium, Las Vegas (November 2015)
• “ADA Accommodation Litigation: Employee Requests for Telecommuting, Reassignment, Predictable Shifts and More” Strafford Live Webinars (November 2015)
• “HR’s Roadmap for Workplace Depression: Legal Strategies for Improving Employee Mental Health,” Business & Legal Resources (October 7, 2015)
• “New Cutting Edge Labor & Employment Law Issues In-House Counsel Need to Know and Understand,” American Public Power Association Legal Seminar, Key West, FL (October 2015)
• Overcome Compliance and Employee Leave Challenges, FMLA Master Class for Virginia Employers, BLR, September 2015
• Reasonable Accommodation Revisited and Updated”, International Municipal Lawyers Association, August 2015
• The ADA at 25”, lextalk, Lexis Nexis, July 2015
• “Selected Issues from the ADA and Reasonable Accommodation World,” International Municipal Lawyers Association (June 15, 2016)
• ADA Law & Litigation Update, D.C. Bar, June 8, 2015
• Employment Law Outlook for 2015 and Beyond, BLR (Business and Legal Resources), January 6, 2015
• ADA Accommodation: The New Frontier of ADA Law, POOL/PACT Human Resources, October 1, 2014
• Telecommuting, ADA Accommodation, Performance, Discipline & More: Keys to Managing a Remote Workforce, BLR (Business and Legal Resources), August 28, 2014
• Telecommuting Policies and Practices: How to Legally and Effectively Run Your Remote Workforce – from ADA Accommodation to Performance, Discipline, and More, BLR (Business and Legal Resources), August 14, 2014
• Mental Illness Under the ADA and FMLA: Avoiding and Defending Claims – Determining Reasonable Accommodation and FMLA Leave; Leveraging Expert Witnesses, Motion and Trial Strategies, Strafford Publications, July 9, 2014 ADA Employment Law and Litigation Update 2014, D.C. Bar, June 16, 2014
• How Does the ADA Affect Your Business: ADA Accessibility Requirements for Public Accommodations and Commercial Facilities, D.C. Bar, May 19, 2014
• ADA Update: Is Your Building Compliant, Hampton University, April 7, 2014)
• Obesity and the ADA, FMLA, and Wellness Programs, BLR (Business and Legal Resources), November 20, 2013
• Obesity and the ADA, FMLA, and Wellness Programs, BLR (Business and Legal Resources), November 20, 2013
• Telecommuting as an ADA Reasonable Accommodation, International Municipal Lawyers Association, October 16, 2013
• ADA Law & Litigation Update 2013, D.C. Bar, June 17, 2013
• Employees with Cancer: How to Manage ADA, FMLA, Privacy, and Police Issues, BLR (Business and Legal Resources), June 12, 2013
• Accommodation in the Public Workplace, International Municipal Lawyers Association, April 14, 2013
• Leave Law Compliance: How to Master FMLA, ADA, and Workers’ Comp Overlap, BLR (Business and Legal Resources), August 1, 2012
• ADA Compliance Virtual Conference, BLR (Business and Legal Resources), January 19, 2012
• Is Your Website ADA-Compliant?: How to Prepare for the Newest Enforcement Push, BLR (Business and Legal Resources), October 28, 2011