Reasonable Accommodation, FMLA, Discrimination

To Terminate or Not to Terminate. . . That is the Question

by Miller & Martin PLLC on 3/26/2013

The Facts – “What Happened?”: The plaintiff, Ms. Mocic, worked as an EMT for the employer/defendant (SCEMS) for almost four years. She became pregnant in 2009. She requested and was granted an apparently uneventful...more

Fenwick Employment Brief - March 2013

by Allen M. Kato, Michael A. Sands | Fenwick & West LLP on 3/14/2013

In This Issue: - Feature Articles: - California Court Of Appeal Significantly Expands Pregnancy Leave Rights - New York Employer's Flex-time Policy Precluded Holding Employee Accountable For Tardiness...more

Employer Has No Obligation to Provide “Light Duty” Assignment Under FMLA or ADA

by Maria Greco Danaher | Ogletree, Deakins, Nash, Smoak & Stewart,... on 3/12/2013

Employers often assign light duty to employees who are returning to work after recuperating from illnesses or injuries. The Seventh Circuit Court of Appeals has held, however, that neither the Family and Medical Leave Act...more

Pregnancy Disability Leave – Sanchez v. Swissport

by William Gutierrez | Carr, McClellan, Ingersoll, Thompson & Horn -... on 3/11/2013

A California appellate court has given employers yet another reason for caution in their handling of employees on pregnancy disability leave. In Sanchez v. Swissport, Inc., B237761 (Feb. 21, 2013), the Second District Court...more

Employer Beware - Automatic termination policies are illegal. Just ask Sears.

by Michael Gamboli, Kimberly McCarthy, Alicia Samolis | Partridge Snow & Hahn LLP on 2/13/2013

Qualified employees with a disability are entitled to a reasonable accommodation from their employer to enable them to perform the essential functions of their job. One of the most difficult issues employers face is...more

California Employment Law Notes - January 2013

by Harold Brody, Enzo Der Boghossian, Anthony Oncidi, Kenneth Sulzer, Mark Theodore | Proskauer Rose LLP on 1/14/2013

In This Issue: - $1.347 Million Award To Former General Counsel For Breach Of Implied Contract Is Upheld - Faigin v. Signature Group Holdings, Inc., 211 Cal. App. 4th 726 (2012) - $114,000 Pregnancy...more

Lost in Translation: California's New Pregnancy Disability Leave Regulations and Their New, Contradictory Obligations

by Michelle Barrett | Littler on 1/7/2013

In regulations that became effective December 30, 2012, California employers received additional guidance on how to handle leaves of absence for employees disabled by pregnancy, childbirth, or a related medical condition....more

The EEOC's Aggressive Stance On Disability Discrimination Continues

by Melissa Burdorf | XpertHR - Partnered with LexisNexis on 12/21/2012

Dillard's Inc., a large national retail chain, has agreed to pay $2 million to resolve a class action disability discrimination lawsuit filed by the Equal Employment Opportunity Commission (EEOC). This settlement is further...more

Employee Medical Information: Be Careful What You Ask For

by Glenn Israel | Bernstein Shur on 12/21/2012

Earlier this week, the national department store chain Dillard’s agreed to pay $2M to settle a discrimination claim based upon its policy of requiring absent employees to provide a doctor’s note stating the medical reason for...more

New California Pregnancy Disability Leave (PDL) Regulations Adopted

by Sabrina L. Shadi | BakerHostetler on 12/11/2012

BakerHostetler's Employment and Labor Group would like to bring to your attention the following recent changes to the California Pregnancy Disability Leave (PDL) Regulations affecting employer obligations and...more

Termination Two Days Before Taking FMLA Leave “Unusually Suggestive,” New Jersey District Court Holds

by Evan J. Shenkman | Ogletree, Deakins, Nash, Smoak & Stewart,... on 7/16/2012

In St. Cyr v. Brandywine Senior Living, Inc., 20 U.S. Dist. LEXIS 85426 (D.N.J. June 20, 2012), the court denied summary judgment in an FMLA interference and retaliation suit in which an employee was terminated a mere two...more

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Reasonable Accommodation › FMLA › Discrimination