When creating a commercial website, a company has a number of concerns and priorities, such as functionality, design, and search engine optimization. One consideration that is often overlooked, however, is whether the site will be accessible to individuals with disabilities. In view of a recent federal court decision, businesses may want to start focusing more on that factor, or risk violating the Americans with Disabilities Act. In Gil v. Winn-Dixie Stores, Inc., a federal d

October is National Disability Awareness month and a great time to remind employers of the many benefits of hiring a qualified person with a disability. People with disabilities represent the single largest and most diverse minority in the US and are an untapped source of qualified candidates. So why are employers missing out on hiring from such a vast pool of qualified talent? Experts in the field of workplace disability believe it’s because employers are unaware of the rang

The Equal Employment Opportunity Commission (“EEOC”) recently brought suit for violations of the Americans with Disabilities Act (ADA) against a Wisconsin based company for requiring an employee to submit to a medical exam as part of a “wellness program,” and then terminating the employee when she objected to the program.  This suit is the first from the EEOC that directly challenges a wellness program under the ADA. In general, a wellness program offers employees who partici

All too often employers let their fears and perceptions guide their actions, and they fail to initiate a dialogue with the employee about their condition.  The type of knee-jerk reaction that Mr. Black experienced when he went back to work often leads to claims of discrimination based on a “perceived” disability.  Both the Americans with Disabilities Act, and many states’ laws, protect employees like Mr. Black who are “regarded as” disabled.  This type of protection was expan