Americans with Disabilities Act Family Medical Leave Act

The Americans with Disabilities Act is a United States federal statute enacted in 1990 to prevent discrimination against individuals with disabilities in employment, public accomodation, transportation,... more +
The Americans with Disabilities Act is a United States federal statute enacted in 1990 to prevent discrimination against individuals with disabilities in employment, public accomodation, transportation, communications and governmental activities. The Act defines a covered disability as those mental or physical impairments that substantially interfere with one or more major life activities.  Five different federal agencies are responsible for enforcing the ADA: Department of Labor, Department of Justice, Federal Communications Commission, Department of Transportation and the Equal Employment Opportunity Commission.  less -
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Employment Law - January 2015

U.S. Supreme Court: Security Screenings Not Compensable - Why it matters: In a closely watched case, the U.S. Supreme Court unanimously reversed the Ninth U.S. Circuit Court of Appeals to rule that the time spent by...more

Examining Return-To-Work Issues Under The FMLA

I frequently receive calls from clients involving an employee who is about to use up all of his medical leave, but who has little chance of returning to work — either at the end of his 12-week Family and Medical Leave Act...more

Infectious? Please, Just Go Home!

The world can be a scary place. There are risks that you can control, like whether or not you take up bungee jumping or alligator wrestling, and risks you can’t control, such as whether or not someone runs a red light or if...more

Quirky Question #249, Rebirth of Pregnancy Discrimination?

Question: I work in Human Resources at a mid-size Minnesota company and am working on an HR resource related to workplace accommodations. I am relatively familiar with the Americans with Disabilities Act, but am...more

Top 10 Considerations for Employers Addressing Ebola and Other Dangerous Contagious Diseases in the Workplace

Until July 2014, the Ebola virus contained in the West African countries of Guinea, Liberia and Sierra Leone presented no real risk to Americans on American soil. Since that time, just over a dozen patients have been treated...more

Kaufman Children’s Center Sued by EEOC for Disability Discrimination

Disabled Employee Barred from Returning to Work after Medical Leave, Federal Agency Charges - DETROIT - Kaufman Children's Center violated federal law when it terminated an employee with a disability returning to work...more

Disaster and Pandemic Planning for Employers – A Primer

The only thing certain about disasters and pandemics is that they are uncertain. You never know who, what, where, why and when they will strike. But whatever the cause, a disaster or pandemic can have a serious impact on a...more

FMLA Leave for Headache Effectively Converts Full-Time Position into Part-Time Position; Employers' Shrieks Heard Across the...

This one is a real headache. Sam oversees a storage area for the Connecticut Department of Transportation (ConnDOT) and during certain times of the year, his position requires a fairly extensive amount of overtime. For...more

Seventh Circuit Finds No ADA Liability for Employer Not Involved in Decisionmaking

Joyce Whitaker began working for Milwaukee County as a corrections officer in 2001. In 2005, she sustained a work-related back injury and subsequently was diagnosed with several related medical conditions. As a result, her...more

Three Important Components of the Family Medical Leave Act

In 1993, President Bill Clinton signed the Family and Medical Leave Act (“FMLA”), which allows employees time off from their job to bond with their children, care for ill family members, or recover from their own serious...more

5 Legal Traps For The Wariest Employer

You’re an employer who tries to do the right thing. But what hidden traps are out there, waiting to grab your ankle and yank you into a lawsuit? Here are a few that cause trouble for even the best employers...more

Tardy-From-Home

From the beginning, the employee had attendance and punctuality problems, and the problems didn’t improve even when the employer adjusted her schedule. After she was diagnosed with MS, the company approved intermittent FMLA...more

Does a Request for Disability Benefits Qualify as a Request for an Accommodation of Leave Under the ADA?

Last month, the Sixth Circuit Court of Appeals answered this question in the negative and found that an employee’s request for long-term disability benefits did not amount to a request for a reasonable accommodation in the...more

The Importance of Timing in Employment Terminations

There is a saying that “timing is everything,” and in some instances of employment termination, the timing, if not everything, may still be an important consideration....more

It’s That Time of Year Again!

It’s that time of year again! Yes, it’s the season to be thankful and there are many holidays on the horizon. And it is also the time where we are overflowing with gatherings and activities for all our organizations and...more

Multiple Requests for Extension of Medical Leave – Three Strikes and the Employee Is Not Out!

A recent Americans with Disabilities Act case is a reminder the employers must proceed carefully before denying repeated requests for extensions of medical leave by an employee. In the case, the employer had a “personal...more

Six Considerations For Employers Faced With The Ebola Virus Or Other Infectious Diseases

As the Ebola virus has spread to a second city in the United States, and with the potential for additional cities to be affected, many businesses are faced with the difficult task of determining how to properly handle their...more

First Zombies, Now Ebola, then What? Preparing for Communicable Diseases in the Workplace

Oh the good ol’ days, when employees were awaiting a fictional zombie apocalypse and getting them to pay attention to prevention and preparedness was easy thanks to zombie animation from the Centers for Disease Control and...more

Obligations During the Ebola Crisis: Ethical and Practical Considerations

Providers and health professionals face many challenges in the shifting sands of the Ebola response, including the extent of their duties to each other and their patients and their obligations under a myriad of laws,...more

Eighth Circuit: Doctor Is Unable to Maintain Employment Claims Due to Determination of Independent Contractor Status

From 1991 until 2011, Larry Alexander worked as a pathologist for Avera St. Luke's Hospital in South Dakota. Under the terms of his contract, Alexander was an independent contractor free from control of Avera. Alexander paid...more

Employers Must Be Cautious in Addressing Ebola Concerns

Neither the U.S. Equal Employment Opportunity Commission nor the Centers for Disease Control has issued any specific guidance for employers to deal with Ebola issues. With multiple Ebola cases diagnosed in the United States...more

Be Prepared: Understanding the Impact That the Ebola Outbreak May Have on Employers

Two months ago, many Americans were unfamiliar with the term “Ebola.” It’s amazing how quickly things can change. Today, you cannot turn on your television or read a news article without hearing or seeing reference to this...more

Ebola and the Workplace: What Employers Need To Know

In light of the Ebola virus outbreak abroad and the recent Ebola cases in the U.S., employers should be aware of the laws implicated in their treatment of employees. Though employment issues related to Ebola may appear to be...more

Wait A Minute? Is Pregnancy a Disability Now?

On July 14, 2014, the Equal Employment Opportunity Commission issued guidance relating to pregnancy discrimination. Since that time, in federal courts around the country the EEOC has filed multiple lawsuits on behalf of...more

"You Want More Time Off? "Dealing With Medical Leave Requests Under The FMLA And ADA

FMLA BASICS - - Applies to employers with over 50 employees within 75 miles - Applies to employees with at least 1,250 hours of service in last 12 months - Permits up to 12 weeks of total leave (job or equivalent...more

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