State Court Asked to ‘Weigh In’ on Whether Obesity Constitutes an Impairment Under Anti-Discrimination Law

By Jacob A. Bruner on October 16, 2018 Posted in EEOC, Health & Wellness

On Sept. 17, 2018, the Ninth Circuit Court of Appeals certified to the Washington Supreme Court the question of whether obesity qualifies as an “impairment” and thus a “disability” under the state’s anti-discrimination law. The case, titled Casey Taylor, et al. v. Burlington Northern Railroad Holdings Inc., et al., Case No. 16-35205 (9th Cir. Sept. … Continue Reading

Navigating Through the Smoke: The Intersection of Marijuana Legalization and Employment Law

By Joyce Ackerbaum Cox and Ashley Schachter on December 7, 2016 Posted in ADA, FMLA

Public approval for medical and recreational marijuana is at an all-time high. In November 2016, four states voted to legalize recreational marijuana: California, Nevada, Massachusetts and Maine (although, at the time of this posting, the vote in Maine is subject to a recount). These states join Alaska, Colorado, the District of Columbia, Oregon and Washington, … Continue Reading

The ADA Celebrates Its 25th Anniversary – A Look Back at the Development of the Act

By Anat Maytal on July 31, 2015 Posted in ADA

Twenty-five years ago this week, the Americans with Disabilities Act of 1990 (“ADA”) was enacted into law with its stated purpose being “to provide clear, strong, consistent, enforceable standards addressing discrimination against individuals with disabilities.” Title 1 of the ADA specifically prohibited employment discrimination against “qualified” individuals with disabilities. The ADA created new opportunities and … Continue Reading