Vigilant Blog

An employee who made serious and credible threats to kill his supervisor and manager was not a “qualified individual” under the Americans with Disabilities Act (ADA) and Oregon’s disability discrimination statute according to the 9th Circuit Court. The employee threatened to “blow off the head” of the supervisor to one coworker, said he planned to…

The employee was an “environmental technician” and he had been successful in cleaning surgical rooms for a number of years. When the hospital assigned him to cleaning patient rooms, he struggled to complete the job and asked to be reassigned back to his prior role. The hospital was unwilling to return him. They argued he…

An employer has successfully defended its decision to terminate a supervisor, who was required to drive for his job but lost his driving privileges, after he refused to accept an offer of reassignment. The long-term employee suffered a seizure and lost his driver’s license until he was seizure-free for six months. The employer temporarily accommodated…

When a jury decided to award an employee $1 million on her disability discrimination and failure to accommodate claims, it was decided her employer was to be held accountable for numerous actions. Some of the employer actions that factored into the decision were: • Posting the employee’s position while she was out on leave; •…

The U.S. Supreme Court ruled UPS may have intentionally discriminated against a pregnant driver when it denied her request for light duty during her pregnancy. The ultimate answer will depend on what she can prove in court. The driver’s doctor imposed a 20-pound lifting restriction during the first 20 weeks of her pregnancy, and 10…

The U.S. Department of Labor (DOL) has announced a new initiative promoting the employment, retention, and career advancement of people with disabilities through the development, adoption, and promotion of accessible technology. The Partnership on Employment & Accessible Technology (PEAT) has developed a website dedicated to providing employers, technology users, and technology providers simple information about…