Posts by Elizabeth Bowersox

DOJ confirms websites are covered by ADA, but offers some flexibility to businesses in complying

Hundreds of recent lawsuits have claimed that companies must have websites that are accessible to disabled individuals. The idea is that a website is a place of public accommodation under Title III of the Americans with Disabilities Act (ADA), and therefore must be accessible for all. Common website problems, including incompatibility with screen-reading software, may…

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website accessibility

Is your company’s website compliant with the Americans with Disabilities Act?

A recent wave of lawsuits and demand letters alleging violations of the Americans with Disability Act has begun hitting businesses across the United States. Their new target: company websites. Last year, plaintiffs filed over 800 federal lawsuits — many of which were filed as class actions — in which they alleged businesses were violating the…

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Remarks and inconsistent stories fuel pregnancy discrimination claim

An employer’s shifting rationale for termination doomed it to facing a jury trial on a pregnancy discrimination claim in the recent case Fassbender v. Correct Care Solutions. “What, you’re pregnant, too?” Alena Fassbender worked as a medication aide for Correct Care Solutions, LLC, a nationwide healthcare services company that contracts with jails and prisons to…

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Best practices for employers under the EEOC’s new strategic enforcement plan

The Equal Employment Opportunity Commission has announced its “Strategic Enforcement Plan” for years 2017 to 2021. The 2017 plan replaces the earlier version, issued in 2012, but is not a radical departure from the previous agenda. Employers hoping for a more employer-friendly EEOC under the new administration may be disappointed by the 2017 Strategic Enforcement…

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Court OK’s termination of diabetic employee for misconduct

A recent federal appeals court decision case upheld an employer’s termination of a diabetic employee for misconduct, despite the employee’s argument that her poor work performance was a result of low-blood sugar. Diabetic employee and performance issues Janna DeWitt worked as a customer service representative in a call center for Southwestern Bell Telephone Company. She…

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Tenth Circuit rules in favor of airline in discrimination case when employee’s mistake leads to his termination

The Tenth Circuit Court of Appeals recently ruled for Delta Airlines in an appeal by a former employee who claimed he was terminated because of racial and national origin discrimination. Airline fires employee after plane damaged Maahnchooh Ghogomu worked for Delta Airlines at the Tulsa International Airport. At the Tulsa International Airport, every Delta flight…

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OSHA issues new whistleblower investigations manual with aggressive new standard

Employers are familiar with the Occupational Safety and Health Administration’s (OSHA) enforcement of workplace safety standards, but OSHA also enforces the whistleblower provisions of 21 other federal laws in addition to the Occupational Safety and Health Act, including the Affordable Care Act, Clean Air Act, Sarbanes-Oxley, and Pipeline Safety Improvement Act. A whistleblower is an…

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