ADA Category Archives — Virginia Employment Law Blog Published by Virginia Employment Attorneys

Published on: October 18, 2016

EEOC sues Houston nightclub for disability discrimination based on unlawful inquiry about HIV status

Earlier this month, the United States Equal Employment Opportunity Commission (“EEOC”) filed a lawsuit against Diallo’s of Houston, a nightclub and party venue, alleging that Diallo’s violated the Americans with Disabilities Act (“ADA”) when it demanded an employee provide medical documentation that she was not HIV-positive, according to The National Law Review. When the employee did not produce the documentation, Diallo’s fired her in violation of the ADA.

In the lawsuit, EEOC alleges that the Diallo’s owner/manager informed the employee that he had heard she was HIV-positive from another individual. The owner/manager reportedly indicated that he found being HIV-positive to be a hazard and potentially harmful to the company’s business. Then, on two different occasions, he reportedly ordered her to produce documentation showing that she was not HIV-positive and, if she would not produce such documents, she would be fired. The employee allegedly did not provide any documentation and Diallo’s allegedly fired her.

Based on EEOC’s allegations regarding Diallo’s conduct towards this employee, EEOC charges that Diallo’s violated the ADA in two ways. First, the nightclub made a disability-related inquiry that was not related to the employee’s job requirements or business necessity, which is the requirement for a permissible inquiry. Second, the company terminated the employee on the basis of her disability because she failed to produce the documentation that the company had impermissibly requested.

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Published on: April 13, 2015

An Employment Trap: Tardiness

By The Erlich Law Office, PLLC

The clock is always ticking if you’re an hourly employee

One of the most frequent stumbling blocks for clients is tardiness. Whether it’s coming to work on time or coming back from breaks in a timely fashion, we cannot stress this enough: you must be on time for work. Even if your boss says he doesn’t care. Even if you stay late to make up the time. Even if you work through lunch to make up the difference. You have got to be at work on time. If the schedule says 9 am, you need to clock in at 9 am.

Obviously, some of this varies from job to job. A lot of professional positions do not have a set schedule. Many accountants, lawyers, and executives are not expected to be at work at any given time. The same is true for many people who telecommute. For those individuals who have a traditional, scheduled time of arrival, however, being on time to work is critical.

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Published on: August 21, 2014

You Just Got Fired: How to Deal in 11 GIFs

By The Erlich Law Office, PLLC

Being terminated from your job almost always comes with a huge amount of stress and emotion. There’s a lot to process, and people often want to do that processing very quickly in order to get back up and running. Every day, we see people who have lost their jobs and are understandably having a tough time figuring out where to begin. We’re here to help, and in this particular situation we’re here to help you understand with some visual aids. Here’s a guide to the firing process.

1. Be Professional: Nothing is gained by burning bridges on the way out.

Stay calm, act professionally.
2. What’s The Deal?: What are the terms of your separation? Were you fired? Did you get a chance to resign? Is there a severance package?

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Published on: August 20, 2014

11 Things You Should Know About EEOC’s New Guidelines on Pregnancy Discrimination in Employment (Part 2)

By The Erlich Law Office, PLLC

In Part 1 of our 2 Part series on the EEOC’s new Guidelines on Pregnancy Discrimination, we discussed the first five things you should know about this recent and important guidance. Here are tips six through eleven:

6) Title VII prohibits an employer from offering a health insurance plan that does not cover prescription contraceptives but provides other preventative health care. To comply with Title VII, an employer’s health insurance plan must cover prescription contraceptives to the same extent it does prescription drugs, devices and services that are used to prevent the occurrence of medical conditions other than pregnancy, such as medicine that lowers cholesterol levels.

This, of course, is particularly fascinating because it is in direct conflict with the Supreme Court’s recent decision in Burwell v. Hobby Lobby Stores, Inc. Nos. 13-354, 13-356, 2014 WL 2921709 (U.S. June 30, 2014).

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Published on: August 13, 2014

11 Things You Should Know About EEOC’s New Guidelines on Pregnancy Discrimination in Employment (Part 1)

By The Erlich Law Office, PLLC

On July 14, the United States Equal Employment Opportunity Commission (“EEOC”) published guidance on laws governing pregnancy-based discrimination for the first time since 1984. Charges of pregnancy discrimination are rising largely due to common and persistent misconceptions about pregnancy in the workplace.

The two of the main federal laws concerning pregnancy-related discrimination in the workplace are the Pregnancy Discrimination Act (“PDA”) and the Americans with Disabilities Act (“ADA”). The PDA is an amendment to Title VII of the Civil Rights Act of 1964 (“Title VII”), which contains two fundamental restrictions on how employers may treat workers for pregnancy-related reasons.

First, employers may not discriminate against employees on the basis of pregnancy, childbirth or other related medical conditions. Second, women affected by pregnancy, childbirth or other related conditions must be treated the same as other persons similar in their ability or inability to work. The ADA’s pregnancy-related provisions mandate that employers must accommodate impairments caused by an employee’s pregnancy to the same extent they would other disabilities in the workplace.

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Published on: July 14, 2014

Eleventh Circuit Weighs In On Essential Job Functions

By The Erlich Law Office, PLLC

The Eleventh Circuit recently provided insight as to how federal courts analyze disability discrimination law claims when it held that firing a truck driver because he was diagnosed with alcoholism is not a violation of the Americans with Disabilities Act (ADA).

Title I of the ADA grants certain protections to disabled individuals who are qualified to perform a job’s basic functions from discrimination in employment.

Alcoholism is a disability under the ADA, but the question of whether or not an alcoholic can seek the ADA’s protection doesn’t end there: employers are not always obligated to retain workers who suffer from a condition that is recognized as a disability under the ADA.

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