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BT Currents - Hot Topics in Employment Law
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31 Oct 2017 Attention, Class: Seventh Circuit Finds Preferred Teaching Methods Not Protected Activity Under ADA and Section 504

  A former special education teacher, who claimed to have engaged in a protected activity when she defended her teaching methods following a negative performance evaluation, could not show that the school district discriminated against her when it terminated her. Finding no evidence of discrimination, the U.S. Court of Appeals for the Seventh Circuit affirmed the district court’s grant of summary judgment in favor of the school in Frakes v. Peoria School District No. 150.   After receiving an “unsatisfactory” rating based on several deficiencies,…

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07 Apr 2016 Morbid Obesity Not Necessarily a Disability Under Americans with Disabilities Act

The Eighth Circuit Court of Appeals held this week that obesity in and of itself is not covered by the Americans with Disabilities Act (ADA).  Instead, obesity generally is a physical characteristic and “qualifies as a physical impairment (and thus would be covered under the ADA) only if it falls outside the normal range and it occurs as the result of a physiological disorder.” (Emphasis added.)  Even morbid obesity has to have physiological underpinnings to qualify as a disability, ruled the Eighth Circuit.  Such disorders…

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19 Feb 2015 Putting Out a Welcome Mat for Disabled Workers: Government Guide Provides Tips for Hiring and Retention

In a continuing effort to bolster employment prospects for individuals with disabilities, a number of federal agencies have joined forces to produce a guide that encourages employers to open their doors to more disabled workers.   The publication, entitled “Recruiting, Hiring, Retaining, and Promoting People with Disabilities: A Resource Guide for Employers,” was published online earlier this month via the whitehouse.gov site.   The guide has a number of useful pointers and links for hiring managers and supervisors who work with individuals with disabilities.  In…

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