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Tag Archives: Disability Discrimination

Employers Need Not Accommodate Unqualified Employees

By: Sam G. Sherman, Esq. A federal district court in Johnson v. Board of Trustees of the Boundary County School District No. 101, recently clarified the circumstances under which an employer must accommodate a disabled employee or job applicant. The Court ultimately found that the employer need not accommodate an employee in obtaining the qualifications necessary to perform the job. Federal law prohibits an employer from discriminating against disabled employees. To prevail in a claim for disability discrimination, an employee must establish that they are a “qualified individual with a disability.” Federal Courts traditionally apply a two-part test to determine.... Read More >


Ninth Circuit Issues Published Pro-Employer Ruling in Recovered Addict Disability Discrimination Case

By: Jason C. Ross, HFM Labor & Employment Associate California and Federal anti-discrimination laws generally preclude qualified employers from discriminating against employees “because of” protected attributes and classes, including certain disabilities. One protected disability under both California and Federal employment law is rehabilitated drug addicts. In a recent California case, the federal Ninth Circuit Court of Appeals considered the legality of an employer policy forever disqualifying job applicants from employment if they ever failed the employer’s pre-employment drug screen. (Lopez v. Pacific Maritime Assoc. (9th Cir. 2011) 636 F.3d 1197.) In that case, the employer had a uniform “one-strike” policy.... Read More >


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