“You Want More Time Off?” – Dealing with Employees’ Medical Leave Requests Under the FMLA and ADA
This is a follow-up article on changes in employer accommodation law. Last week’s article addressed the increased level of accommodation required for employees’ religious beliefs – New Year’s Review of Legal Changes in...more
An employee who operates a forklift begins to act erratically. While he had always been a solid performer, his judgment is off, and he is quick to become angry. The supervisor fears he might injure someone. What should the...more
Under the Americans With Disabilities Act Amendments Act (ADAAA), employers have a viable defense to an Americans With Disabilities Act (ADA) “regarded as” claim if the impairment in question was “transitory and minor,”...more
The U.S. Equal Employment Opportunity Commission (“EEOC”) is tasked with administrative enforcement of a variety of employment discrimination laws, including the Americans with Disabilities Act as amended (the “ADAAA”). The...more
Just this month, the Ninth Circuit Court of Appeals held that even temporary health conditions without long-term effects may qualify as disabilities protected by the federal Americans with Disabilities Act (ADA). While this...more
Health Care Provider Failed to Hire and Provide Reasonable Accommodation to Qualified Applicant for Greeter Position, Federal Agency Claims - MINNEAPOLIS – North Memorial Health violated civil rights law when it failed to...more
Q: We recently had several employees apply for FMLA. Two of them are at least 100 hours short of the minimum 1,250-hour requirement but for different reasons. In an attempt to accommodate the first employee’s health issues,...more
As the pandemic continues, a segment of individuals who contracted COVID-19 reports that they have not experienced a quick recovery. Rather, they are continuing to suffer symptoms months after initial onset of the disease....more
Q: We have an Iowa Code 730.5 compliant drug testing program. However, we have an applicant who, due to a health condition, cannot provide a urine sample for drug testing. Can we just disqualify him? ...more
During a pandemic data privacy concerns may appear to take a back seat. However, while the Office of Civil Rights has expanded electronic platforms which may be used for HIPAA-related purposes and the EEOC now lets you take...more
Q: Has the EEOC issued any guidance during the pandemic? A: The EEOC has updated its prior pandemic guidelines as of March 19, 2020, to take into account COVID-19 guidance from the CDC....more
In recent years, federal courts have increasingly split over whether obesity in and of itself is a qualifying medical condition under the Americans with Disabilities Act. The EEOC and some courts have concluded that obesity...more
Q: Given that there is coronavirus in several places in the United States, can I take the temperature of every employee when they walk in the door? A: The answer to this question is industry-specific. The EEOC issued...more
Recently, the U.S. Equal Employment Opportunity Commission (“EEOC”) weighed in and provided guidance on the Coronavirus for employers... ...In sum, the EEOC emphasizes that employers should still be cognizant of their...more
Joining the other federal appellate panels to consider the issue, the U.S. Court of Appeals for the Second Circuit held that the Americans with Disabilities Amendments Act (ADAAA) did not alter or erode the understanding that...more
Supermarket Fired Deli Clerk Because of Her Disability, Federal Agency Charged - FRESNO, Calif. - Local grocery outlet PAQ, Inc., doing business as Rancho San Miguel Markets, has agreed to pay $100,000 to settle a...more
I am really tired of employees who quit and give the requested notice but aren’t here because they take PTO. Then everyone has to scramble. Can I deny PTO?...more
The ADA Amendments Act of 2008 (ADAAA) substantially lowered the bar for plaintiffs to demonstrate a protected disability under the Americans with Disabilities Act. However, on occasion we still see federal courts reject ADA...more
In a matter of first impression before the court, the U.S. Court of Appeals for the Seventh Circuit recently held in Richardson v. Chicago Transit Authority, Nos. 17-3508 and 18-2199 (June 12, 2019), that obesity is not a...more
The Sixth Circuit’s ruling in Tinsley v. Caterpillar Fin. Servs., Corp., No. 18-5303 (6th Cir. Mar. 20, 2019) is a good reminder that not all impairments rise to the level of a “disability” within the meaning of the Americans...more
The ever-evolving legal landscape surrounding marijuana legalization has in recent years continued to cloud the waters with respect to workplace drug testing programs. However, beyond the complex issue of whether employers...more
Federal Agency Charged That Trucking Giant Refused to Hire Veteran Because He Uses a Service Dog - CEDAR RAPIDS, Iowa - CRST Expedited, Inc./CRST International, Inc. will pay $47,500 and furnish other relief to settle a...more
We know that the ADAAA (Amendments Act of 2008) substantially altered the landscape for review of claims asserting a disability. But are employees still required to show some sort of disorder or impairment to state a claim?...more
The recent passing of George H. W. Bush is a fitting moment to reflect upon one of his most enduring legacies in the sphere of domestic policy: the Americans with Disabilities Act, which he signed into law on July 26, 1990....more
Seyfarth Synopsis: For the first time since the enactment in 2008 of the ADA Amendments Act (ADAAA), which broadened the definition of a disability under the Americans with Disabilities Act (ADA), the Ninth Circuit addressed,...more