News & Analysis as of

Disability Medical Leave Employer Liability Issues

Butler Snow LLP

6th Circuit Reinstates Failure-to-Accommodate Claim Against Employer That Terminated Employee With Outstanding Leave Request

Butler Snow LLP on

Once an employee requests an accommodation, the employer has a duty to engage in an “interactive process” to try to determine whether the employer can accommodate the employee’s disability...more

Parker Poe Adams & Bernstein LLP

ADA-Covered Disability Does Not Need to be Long Term

The Americans with Disabilities Act (ADA) protects individuals with substantial impairment of a major life activity. In the past, this definition was interpreted by federal courts to limit ADA coverage to persons with chronic...more

Poyner Spruill LLP

Keep in Touch: Fourth Circuit Issues Reminder of The Importance of Communicating With Employees on Leave

Poyner Spruill LLP on

Last week, the United States Court of Appeals for the Fourth Circuit—the court that decides federal appeals from South Carolina, North Carolina, Virginia, West Virginia, and Maryland—issued an unpublished opinion that serves...more

U.S. Equal Employment Opportunity Commission...

EEOC Sues Colorado Excavating for Disability Discrimination

Company Fired Employee After Seizure, Federal Agency Charges - DENVER - Gollnick Construction, Inc., which does business as Colorado Excavating, violated federal law when it fired an employee because she had a seizure,...more

McManis Faulkner

Working Through The Weeds Of Cannabis Laws: Prop 64, FMLA, And ADA

McManis Faulkner on

Proposition 64 changed marijuana laws.  What many do not realize is that it did not change employment laws.  Employers recognize societal norms are changing with the passing of Prop 64.  A new era has commenced and the Family...more

U.S. Equal Employment Opportunity Commission...

EEOC Sues Spencer Gifts for Disability Discrimination

Novelty Gift Company Failed to Accommodate and Fired Employee Due to Disability, Federal Agency Charges - HICKORY, N.C. - Spencer Gifts, LLC (Spencer), a Delaware corporation that operates novelty gift stores throughout...more

U.S. Equal Employment Opportunity Commission...

EEOC Sues Austal USA For Disability Discrimination

Global Defense Contractor Fired Employee Who Needed Intermittent Leave to Treat Diabetes, Federal Agency Charges - MOBILE, Ala. - Austal USA, LLC, a global designer and manufacturer of defense and commercial ships...more

U.S. Equal Employment Opportunity Commission...

Kessinger Hunter Management to Pay $50,000 to Settle EEOC Disability Discrimination Lawsuit

Company Refused Employee's Request for One-Week Extension of Medical Leave to Recuperate From Surgery, Federal Agency Charged - ST. LOUIS - Kessinger Hunter Management, Inc. (KHMI), a national commercial property...more

U.S. Equal Employment Opportunity Commission...

Custom Fabrication & Engineering Sued by EEOC For Disability Discrimination And Retaliation

Company Refused to Return Employee to Work After Stroke Because It Regarded Him as Disabled and Fired Him for Filing a Charge, Federal Agency Charges - LITTLE ROCK, Ark. - Custom Fabrication & Engineering, doing business...more

McAfee & Taft

The dangers of ‘100% healed’ and ‘no restrictions’ policies

McAfee & Taft on

The Americans with Disabilities Act (ADA) requires employers to provide a reasonable accommodation to qualified individuals with a disability, unless doing so would trigger significant operational difficulties and/or expenses...more

U.S. Equal Employment Opportunity Commission...

Mueller Industries Settles EEOC Class Disability Discrimination Lawsuit For $1 Million

Company's Strict Enforcement of 180-Day Maximum Leave and Attendance Policies Disadvantages Workers With Disabilities, Federal Agency Says - LOS ANGELES - The U.S. Equal Employment Opportunity Commission (EEOC) announced...more

Foley & Lardner LLP

Employers Are Allowed to Choose Alternative Reasonable Accommodations if Effective

Foley & Lardner LLP on

Employers generally understand their obligation to provide a reasonable accommodation to qualified individuals with disabilities as required under the Americans with Disabilities Act (ADA), as well as a number of state and...more

Fisher Phillips

Flurry Of Recent ADA Cases Can Be Instructive For Employers

Fisher Phillips on

Interpreting and applying the Americans with Disabilities Act (ADA) is often among the most challenging aspects of managing the workplace law and human resources functions at your workplace. There are numerous issues to...more

U.S. Equal Employment Opportunity Commission...

EEOC Files Disability Discrimination Lawsuit Against Heritage Home Group

Home Furnishings Company Denied Accommodation to and Fired Employee, Federal Agency Charges - CHARLOTTE, N.C. - Heritage Home Group, LLC (Heritage Home), a North Carolina corporation that designs, manufactures, sources...more

Fox Rothschild LLP

Seventh Circuit Says Extended Medical Leave Is Not A Reasonable Accommodation Under The ADA

Fox Rothschild LLP on

On September 20, 2017, the Seventh Circuit Court of Appeals issued a decision that a requested three month medical leave due to a disability was not a reasonable accommodation under the ADA. Although there is some discussion...more

U.S. Equal Employment Opportunity Commission...

EEOC Sues Illinois Action for Children for Disability Discrimination

Employer Fired Employee with Cancer Instead of Granting Request for Medical Leave, Federal Agency Charges - CHICAGO - Illinois Action for Children fired an employee who was on leave receiving treatment for breast cancer...more

Fisher Phillips

12 Months of Additional ADA Leave Not Reasonable, Court Says - Three Lessons to Be Learned From 1st Circuit Decision

Fisher Phillips on

A federal appellate court recently ruled that an employee’s request for 12 months of additional medical leave was not reasonable, and thereby upheld the dismissal of her Americans with Disabilities Act (ADA) lawsuit against...more

Dorsey & Whitney LLP

Quirky Question #261, When will our employee return?

Dorsey & Whitney LLP on

Question: We’re a large company with offices in many locations, including in California, Minnesota, Washington and New York City. We often have disabled employees provide doctors’ notes that say they are unable to...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

California School Teacher’s Claim That She Was Fired Due to a Computer Error

Rommel v. Los Angeles Unified School District, No. B253405 (December 5, 2014): In a recent unpublished ruling, the California Court of Appeal reversed a trial court’s judgment in favor of a school district and against a...more

U.S. Equal Employment Opportunity Commission...

Dialysis Clinic, Inc. Sued By EEOC For Disability Discrimination

Sacramento Clinic Fired Nurse With Breast Cancer Over Medical Leave, Federal Agency Charges - SACRAMENTO, Calif. -- Nationwide healthcare provider Dialysis Clinic, Inc. (DCI) violated federal law by firing and refusing...more

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