Employer Law Report

Tag Archives: Americans with Disabilities Act

Is your online application process a risk?

Do you solicit and accept employment applicants electronically? If so, assume a potential applicant has physical or other disabilities making it difficult for him or her to apply. Do you have a risk under the federal Americans with Disabilities Act, or under Ohio or other disability discrimination laws? You may.…

Don’t Judge a Book by Its Cover! The Sixth Circuit Provides Employers With A Roadmap For Hiring Persons With Disabilities

The Sixth Circuit Court of Appeals reversed the Michigan district court’s ruling in Keith v. County of Oakland, finding a deaf applicant’s rights under the Americans with Disabilities Act ("ADA") may have been violated when Oakland County ("the County") revoked its job offer to hire him as a lifeguard.

Nicholas Keith, who was born deaf, trained and successfully completed the County’s lifeguard training program in 2007. After receiving his lifeguard certification, Keith applied for a lifeguard position at Oakland County’s wave pool. The job announcement required each applicant be at least 16 years of age and pass the County water …

Disabled Former Employees Lack Standing to Sue under ADA

The Sixth Circuit weighed in on an issue that has split the federal courts and has joined the Seventh and Ninth Circuits in holding that disabled former employees lack standing to sue under Title I of the Americans with Disabilities Act. McKnight v. Gen. Motors Corp., No. 07-1479 (6th Cir., Dec. 4, 2008). The Court found that three General Motors Corp. retirees lacked standing under the ADA to challenge the reduction of their pension benefits when they started receiving Social Security disability benefits. …

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