Termination Americans with Disabilities Act

News & Analysis as of

Managing Employee Requests for “Indefinite” Disability Leave: the D.C. Court of Appeals Offers Guidance

Managing employees’ requests for disability accommodations can be challenging, particularly when an employee requests leave for extended or unlimited periods of time. A common misperception by employers is that once an...more

RockTenn to Pay $187,500 to Settle EEOC Disability Discrimination Suit

Human Resources Manager Fired Because of Coronary Artery Disease, Agency Says - DETROIT - A paper and packaging manufacturer with a facility located in Battle Creek, Mich., will pay $187,500 to settle a disability...more

Second Circuit Holds HR Professionals Can Be Liable as ‘Employers’ Under FMLA

The Second Circuit Court of Appeals has recently held that a human resources manager could be held liable as an employer under the Family and Medical Leave Act (FMLA). In issuing its decision in Graziadio v. Culinary...more

EEOC Requesting Information? Be Wary What You Tell Fellow Employees

Picture this scenario: You come into your office one morning to learn that an employee has filed a charge of discrimination with the Equal Employment Opportunity Commission (EEOC) claiming that you failed to accommodate...more

The Rights and Limitations of Associational Discrimination under the ADA

While a recent Second Circuit case received lots of headlines regarding its discussion of individual liability under FMLA, the case has some other nuggets for employers to understand, as my colleague Gary Starr explains in...more

Higher Education Highlights - Spring 2016

Upcoming changes to the Fair Labor Standards Act salary-basis test may convert many of your smartphone-toting exempt employees into non-exempt employees, requiring you to track the evening and weekend time these employees...more

The Individual Liability You Never Knew You Had: Second Circuit Rules HR Directors May Be Liable for FMLA Violations

HR Directors, Beware: Your role in terminating employees may expose you to individual liability under the Family and Medical Leave Act (FMLA). In Graziadio v. Culinary Institute of America, et al., Graziadio, a Payroll...more

Seventh Circuit Reinforces the Importance of Memorializing Agreements in Mediation

Put it in writing. How many times have those four words been uttered in the course of commerce? Many more than we care to count, to be sure. For the fact remains that the act of putting pen to paper, ribbon to...more

USC Responds to Football Coach’s Claims that Termination Was Discriminatory

In October of last year, I wrote in this space about how the firing of Steve Sarkisian as head football coach by the University of Southern California (“USC”) may raise legal issues related to the Americans with Disabilities...more

Objective Basis Needed for Psychological Fitness for Duty Exam

In a case of first impression in New Jersey, the Appellate Division cautioned that employers may only require an employee to undergo a mental health fitness-for-duty examination in limited circumstances. Relying heavily on...more

Refusing to Attend a Fitness-For-Duty Exam May Not Be Grounds For Termination under the ADA

On January 25, 2016, the New Jersey Appellate Division clarified the requirements set forth by the Americans with Disabilities Act (ADA) and the related guidance issued by the U.S. Equal Employment Opportunity Commission...more

Employment Law Commentary, January 2016

Alcoholism And Disability Discrimination: Lessons From The USC Coach’s Case - If you have never dealt with an employee who is an alcoholic, rest assured, you will. Alcoholism has been described as the single largest,...more

Employment Law - January 2016 #2

EU Permits Employers to Monitor Private Employee Communications - Why it matters - In a favorable ruling for employers, the European Union's (EU) highest court concluded that an employee's right to privacy was not...more

When Seemingly Indefinite Leave and Non-Cooperation Makes a Leave of Absence Unreasonable

A recent decision from the Court of Appeals for the District of Columbia provides a result that employers may often think they do not see enough in labor and employment law: a common sense solution to a situation that...more

Federal Appeals Court Decision Offers Practical Guidance To Both HR Executives And Their Employers

A federal appeals court issued a decision on January 5, 2016 that provides valuable lessons to both human resources executives and the businesses they work for. The court upheld the termination of an HR Director after his...more

Seventh Circuit Reiterates Standard for Establishing Substantial Limitation on the Ability to Work

It goes without saying that an employee cannot prevail on a disability discrimination claim unless he is actually disabled. In the context of the Americans with Disabilities Act (ADA), this means that he must show that a...more

Texas Supreme Court Vindicates Employer That Uniformly Enforced its Leave Policy

On December 4, 2015, the Texas Supreme Court vacated a jury verdict in favor of a former employee who had alleged workers’ compensation retaliation, rendering judgment in favor of the employer and finding that the employee...more

Alcohol-Related Firing of USC Football Coach Raises ADA Concerns

On October 12, 2015, the University of Southern California (“USC”) fired Steve Sarkisian, USC’s head football coach. Sarkisian’s firing appears to be in response to two alcohol-related incidents and, therefore, may raise...more

Employers Need to Consider Accommodation Requests Made at Any Time During a Disabled Employee’s Employment

Can an employer simply ignore a request by a disabled employee for an accommodation made in a meeting that could lead to the employee’s termination? A recent federal case from Wisconsin says no. In the case, the former...more

Employers and medical marijuana: Are California's anti-drug policies up in smoke?

What’s an employer to do when faced with employees using marijuana in or out of the workplace? How should employers respond to employees who use or possess marijuana legally under California law? How does such use or...more

Employment Law - October 2015 #3

New California Employment Laws on Fair Pay, Waiver of Meal Periods - Why it matters: California continues its focus on employment-related legislation. Touted as the toughest law of its kind in the nation, Senate...more

DAP Products Sued By EEOC For Disability Discrimination

Construction Products Manufacturer Fired Capable Worker Because of Cancer, Federal Agency Charged - DALLAS - DAP Products, Inc., a Dallas-based business and a leading manufacturer of home repair and construction...more

Drinking On The Job? Five Things Employers Need To Know In The Wake Of The USC Football Coach Controversy

Football powerhouse USC (University of Southern California) fired its head football coach Steve Sarkisian on October 12, 2015, after it was widely reported that the coach had been under the influence of alcohol during several...more

How not to handle a Reservist with PTSD: Volvo Dismisses Army Reservist in violation of USERRA and the ADA

This week, Volvo said it would "take the blame if one of its self-driving cars crashes," but it's also taking the blame for dismissing an Army Reservist who deployed twice during the six years she worked for Volvo. This case...more

Something is Rotten at the Pork Roll Company … and it’s not the Pork Rolls: Flatulent Employee (and his Wife) Bring Claims for...

Is passing gas now protected by our anti-discrimination laws? Over the past several years, we have written extensively about the possibility of obesity discrimination lawsuits becoming the next wave of disability...more

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