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Eric A. Welter is an employment lawyer and litigator with the Welter Law Firm, P.C. in Herndon, Virginia. He is licensed to practice law in Virginia, Maryland, Washington D.C., Texas and California.
The Welter Law Firm represents and advises employers on all aspects of the employment relationship and represents businesses in commercial and franchise litigation. The firm’s offices are located in Northern Virginia; Los Angeles, California; and Austin, Texas.
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Category Archives: ADA
EEOC Believes That Diploma Requirements May Violate The ADA
Dorothy, we’re not in Kansas anymore. The EEOC has posted an informal advisory letter on its website taking the position that the requirement of a high school diploma may violate the ADA by screening out individuals with learning disabilities. Overlawyered has … Continue reading
EEOC Wants Construction Company To Allow Applicant With Epilepsy To Operate Heavy Equipment
Overlawyered has a post here on a new lawsuit filed by the EEOC against a construction company for refusing to hire an applicant with epilepsy to run heavy equipment. The company apparently relied on Department of Transportation guidelines for truck … Continue reading
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Duty to Provide Commuting Accommodations?
On August 10, 2011, the U.S. Court of Appeals for the Second Circuit held that, in certain circumstances, an employer may be obligated to provide commuting accommodations to employees under the Americans with Disabilities Act (ADA). More after the break.
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Verizon Agrees to $20 Million Settlement in “No Fault” Attendance Policy Lawsuit
In the largest disability discrimination settlement in a single lawsuit in EEOC history, Verizon Communications agreed to pay $20 million and provide equitable relief to a nationwide class of employees. More after the break.
Theatre of the Absurd
Your tax dollars hard at work: EEOC sues trucking company for assigning alcoholics to non-driving positions. Hat tip to Walter Olson at http://www.cato-at-liberty.org/hows-our-ada-compliance-dial-1-800-hire-sots/ and Overlawyered for the story.
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Is Refusal To Work With Supervisor A Reasonable Accommodation?
In Larson v. Commonwealth of Virginia, Department of Transportation, et. al., 5:10-cv-00136, U.S. District Court for the Western District of Virginia (April 5, 2011), Plaintiff Karl Larson alleged that VDOT and Gregory Whirley, the Commissioner of VDOT, violated the Americans with … Continue reading
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EEOC Announces New Regulations For ADAAA
The U.S. Equal Employment Opportunity Commission (EEOC) has announced the final regulations to implement the ADA Amendments Act (ADAAA). The ADAAA went into effect on Jan. 1, 2009 and directed the EEOC to revise its regulations to conform to changes … Continue reading
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EEOC Settles Disability Discrimination Case For $3.2 Million
On January 5, 2011, the EEOC issued a press release regarding resolution of a disability discrimination lawsuit against supermarket giants Supervalu, Inc., American Drug Stores LLC, and Jewel Food Stores, Inc. (collectively “Jewel-Osco”). Jewel-Osco agreed to enter into a consent … Continue reading
How Not To Handle An Accomodation Request in California
In an administrative action brought by the Department of Fair Employment and Housing (DFEH), the Fair Employment and Housing Commission (FEHC) concluded that Avis Budget Group (Avis) made unlawful inquires about an employee’s disabilities, failed to engage in the interactive … Continue reading
Improper Medical Inquiry Claim Not Dependent On Disability
In Harrison v. Benchmark Electronics, the Eleventh Circuit held that an employee can bring an ADA claim against an employer based on an improper medical inquiry regardless of whether the employee is disabled within the meaning of the ADA. More … Continue reading
Alcoholism and the ADA
A question after a recent speech about whether alcoholism is covered by the Americans with Disabilities Act (“ADA”) prompts us to write a short post on the topic. More after the break.
Failure To Accommodate Can Result In Constructive Discharge
Workplace Prof Blog has a post today here on a decision by the U.S. Court of Appeals for the Sixth Circuit. The case drew our attention because it relied on a decision by the Fourth Circuit in concluding that an … Continue reading
EEOC Issues ADA Q&A Guide On Performance And Conduct Issues
The U.S. Equal Employment Opportunity Commission (EEOC) has issued a Q&A Guide addressing how the Americans with Disabilities Act (ADA) applies to performance and conduct issues. The EEOC’s press release can be found here, and the Q&A Guide itself can … Continue reading
EEOC Releases Guide For Employers On Veterans With Service-Related Disabilities
The EEOC announced the issuance of a new guide for employers today on the employment of veterans with service related disabilities and the ADA. The Ohio Employer’s Law Blog has a good summary of the guide here.
Unintended Consequences?
As a follow-up to yesterday’s post on diversity training, I came across an article in the New York Times on “freakonomics” — the law of unintended consequences. The authors of the article discuss how the Americans with Disabilities Act (“ADA”) … Continue reading
