“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
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
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
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
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
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 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
On October 16, 2017, the Supreme Court rejected an employee’s petition for review of a decision in Stevens v Rite Aid Corporation. Stevens sued under the Americans with Disabilities Act (“ADA”) for alleged discriminatory...more
Trucking Company Refused to Hire Veteran Because He Uses a Service Dog, Federal Agency Charges - JACKSONVILLE, Fla. -- CRST Expedited Inc., a national trucking company, violated federal law when it failed to accommodate,...more
Obesity does not meet the definition of a “disability” under the Americans with Disabilities Act (ADA) for either the discrimination or “regarded as” provisions of the statute, a panel of the Eighth Circuit Court of Appeals...more
Since the Americans with Disabilities Act was adopted, the Equal Employment Opportunity Commission has considered morbid obesity to fall within the definition of a protected disability. Earlier this month, the Eighth Circuit...more
A memorable scene from the dark comedy “In Bruges” features a clash between a disgraced Irish assassin, played by Colin Farrell, and three portly American tourists after Farrell’s character warns them not to climb the narrow...more
The Americans with Disabilities Amendment Act significantly broadened the definition of protected disabled individuals under federal antidiscrimination law. In subsequent rules implementing ADAAA, the Equal Employment...more
In June of last year, we pondered whether obesity is a mere physical characteristic or a disability protected by the Americans with Disabilities Act (ADA) as now amended by the Americans with Disabilities Act Amendments Act...more
In Morriss v. BNSF Railway Company, the Eighth Circuit recently held that obesity that is not caused by an underlying physiological condition is not a covered “impairment” for purposes of the Americans with Disabilities Act...more
The Equal Employment Opportunity Commission filed suit last week in a federal court in Pennsylvania against Landis Communities (retirement communities), claiming that Landis unlawfully refused to accommodate the pregnancy and...more
Company Failed to Accommodate Diabetic Employee, Federal Agency Charges - LITTLE ROCK, Ark. - Major network communications giant Windstream Communications violated federal law by failing to accommodate a diabetic...more
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...more