The Americans with Disabilities Act (ADA) and similar state and local laws are designed to prevent discrimination on the basis of a person’s physical or mental impairments. But it is important to understand the ADA is not a proverbial “Get Out of Jail Free” card. Your employer can still discipline or fire

Last August we discussed a pending disability discrimination case against a western New York truck dealership. The U.S. Equal Employment Opportunity Commission (EEOC) accused the company of firing an employee who previously received “exceptional” performance reviews after he requested medical leave to recover from hip replacement surgery. On June 7, 2018, the EEOC

In a disability discrimination lawsuit, there is a three-step process that courts use to decide whether there is a “material” dispute that justifies trying the case on its merits. In the first step, the plaintiff–the affected employee–must make a “prima facie case of discrimination.” At the second step, the burden shifts to

Disability discrimination is not limited to situations in which an employer simply refuses to hire someone due to a physical or mental impairment. It also includes situations in which existing disabled and non-disabled employees are treated differently. For example, if an employer fires a disabled employee for conduct that did not