A Capehart Scatchard Blog


The Americans with Disabilities Act of 1990 (ADA) prohibits discrimination and ensures equal opportunity for persons with disabilities in employment, State and local government services, public accommodations, commercial facilities, and transportation.

City Properly Terminated Employee with Severe Restrictions in Connection with Return to Work

By on September 4, 2012 in ADA with 0 Comments

Workers’ compensation cases sometimes lead to ADA litigation when an injured worker contends that he or she can return to work with serious restrictions, but the employer maintains it has no job available within these restrictions.  That was the dynamic in Otto v. City of Victoria, 685 F.3d 755 (8th Cir. 2012). Leland Otto was injured […]

Continue Reading »

Fourth Circuit Court of Appeals Holds That Plaintiff Failed to Adequately Explain How He Receives SSD Benefits and Can Still Be Able to Work

By on June 11, 2012 in ADA with 0 Comments

EEOC could not explain how employee could claim ability to work with accommodation while getting SSDI payments. Michael Turner worked for Greater Baltimore Medical Center (GBMC) as a unit secretary since 1984.  In 2005, Turner was hospitalized for necrotizing fasciitis, which is a life-threatening condition.  He later suffered a stroke during the same year. Turner also […]

Continue Reading »

Must an Employer Reassign an Employee with a Disability to a Vacant Position Even if More Qualified Candidates Exist?

By on May 21, 2012 in ADA with 0 Comments

The question is an important one and comes down to this: is the reassignment process competitive? Courts are split on the issue with the most recent decision coming in EEOC v. United Airlines, Inc., 673 F.3d 543, 2012 U.S. App. LEXIS 4713 (7th Cir. 2012).  The case involved United Airlines’ company policy, which does not automatically […]

Continue Reading »

Federal Court Holds That Carpal Tunnel Syndrome May Constitute A Disability Under The ADA

By on April 26, 2012 in ADA with 0 Comments

More and more ADA cases stem from garden variety workers’ compensation claims, and disability discrimination claims now make up one quarter of all EEOC charges. The case of Gibbs v. ADS Alliance Data Systems, Inc., 2011 U.S. Dist LEXIS 82540 (D. Kansas) drives home the point that many claimants with work-related injuries will now find […]

Continue Reading »

Goodyear Properly Fired Employee For Misrepresenting Facts On Job Application And Medical Questionnaire

By on March 8, 2012 in ADA with 0 Comments

In Williams v. Goodyear Tire and Rubber Company, a Kansas federal court dealt with the ability of an employer to terminate an applicant for misrepresenting facts in the job application process. Williams filled out a job application and listed three jobs in response to the question “Account for all your time – regardless of how spent.” Williams […]

Continue Reading »

Employer’s Knowledge Of Workers’ Compensation Claims History May Constitute Sufficient Evidence That Employer Regarded Employee As Disabled

By on February 27, 2012 in ADA with 0 Comments

The plaintiff had suffered two workers’ compensation accidents and returned to work with restrictions which she argued her employer held against her in terminating her employment. One of the ways that a plaintiff may find coverage under the ADA is to be regarded as having a disability, even if the employee in fact has no […]

Continue Reading »

New Jersey Town Did Not Discriminate When It Refused To Hire Applicant For Police Officer Position

By on January 29, 2012 in ADA with 0 Comments

Psychological examinations are of great importance in the public safety arena.  In Terry v. Town of Morristown, 2011 U.S. App. LEXIS 20053 (3d. Cir. 2011), Jeffrey Terry applied to be a police officer in the Town of Morristown.  He underwent a psychological fitness evaluation with Dr. Matthew Guller.  Working under the supervision of his supervisor, […]

Continue Reading »

Company Manager Did Not Violate ADA’s Confidentiality Provisions In Telling Prospective Employer About Former Employee’s Health Condition

By on September 1, 2011 in ADA with 0 Comments

Sometimes the cases with the most simple fact patterns make the best ones to understand bright lines in the law.  The case of EEOC v. Thrivent Financial for Lutherans, 2011 U.S.Dist. LEXIS 64042 (D. Wisc. 2011) provides some clear guidance on what employers can and cannot say about the health of employees. In this case, […]

Continue Reading »

Federal Court Holds That Employee With Renal Cancer In Remission Is Covered Under The ADA

By on July 18, 2011 in ADA with 0 Comments

Michael Norton worked for defendant ALC in May 2008.  The company operated 200 facilities in twenty states involving assisted living services to the elderly.  Plaintiff worked at the Sulphur Springs, Texas location as a “Residence Sales Manager.” Norton was diagnosed with renal cancer in April 2009.  He went on medical leave and underwent surgery on […]

Continue Reading »

Disclosure By Employer Of Medical Information That Was Voluntarily Offered By Employee Does Not Violate ADA

By on July 11, 2011 in ADA with 4 Comments

Many employers struggle with situations that develop when an employee voluntarily reveals certain confidential medical information.  In Watson v. C.R. England, Inc., 2011 U.S. App. LEXIS 8971, (10th Cir. 2011), the plaintiff worked as a truck driver for C.R. England.  In the course of his employment, he informed C.R. England’s Human Resources Director that he […]

Continue Reading »

One Strike You’re Out, Says The Ninth Circuit

By on June 28, 2011 in ADA with 0 Comments

The Pacific Maritime Association had a “one-strike” rule which screened out any applicant who tested positive for drug or alcohol use during the preemployment process.  Santiago Lopez, who was addicted to drugs and alcohol, tested positive for marijuana during his preemployment process in 1997 and was therefore disqualified from further consideration. In 2002 Lopez began […]

Continue Reading »