Termination Reasonable Accommodation Hiring & Firing

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

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

Retaliation Weigh-in – Don’t Be the Biggest Loser

While watching the Biggest Loser may be entertaining or even inspiring, dealing with an overweight employee may be a human resources nightmare. A person’s weight is a delicate topic in almost any conversation. When an...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

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

When Terminating An Employee, Is A Clean Break Better Than A Long Limbo?

If you have a poor performer, is it better to make a clean break and fire him, or is it better to prolong his (and your) agony? That is obviously a biased question, but some employers will do almost anything to avoid...more

Yes, Employers May Have To Accommodate Even “Crazy” Religious Beliefs.

Employers, it is a losing battle to debate theology with your employees who request religious accommodation. If you don’t believe me, ask Consolidated Coal Company and its parent, CONSOL Energy, which have been ordered to pay...more

Fourth Circuit Affirms EEOC’s Resounding Summary Judgment Defeat in ADA Case

In a case we have previously blogged about several times due to spoliation sanctions imposed on the EEOC – most recently here - the U.S. Court of Appeals for the Fourth Circuit affirmed a ruling out of the Middle District of...more

Rocky Mountain High Part II: Colorado’s Highest Court Approves Employer’s Stance that Employee Toke is No Joke

Last week the Colorado Supreme Court ruled that an employer can fire an employee for use of medical marijuana away from the workplace. The case is Coats v. Dish Network, No. 13SC394 (June 15, 2015). The plaintiff is a...more

Telecommuting May Not Always Be a Reasonable Accommodation Under the ADA

An en banc panel of the Sixth Circuit Court of Appeals (Court) recently upheld the trial court’s grant of summary judgment in favor of Ford Motor Company in EEOC v. Ford Motor Company, on the basis that telecommuting was not...more

Disability Discrimination Claims Were Properly Dismissed On Summary Judgment

Tony Nealy worked as a solid waste equipment operator for the City of Santa Monica before injuring his knee in July 2003 while moving a large bin full of food waste. Nealy was temporarily totally disabled due to the injury...more

Texas court rules disabled employees must ask for accommodations

What’s an employer to do when a disabled employee has repeated opportunities to ask for an accommodation but doesn’t act on them? In a recent case, a federal court in Texas ruled that the employer was justifiable in...more

Tardy-From-Home

From the beginning, the employee had attendance and punctuality problems, and the problems didn’t improve even when the employer adjusted her schedule. After she was diagnosed with MS, the company approved intermittent FMLA...more

No Coach Necessary for Potty-Mouth Employee

As we have recently noted, and as many employers have probably bemoaned a time or two, sometimes it feels like the legal concept of “reasonable accommodation” has little to do with real-world notions of what is reasonable,...more

EEOC Sues Wal-Mart for Disability Discrimination

Retailer Rescinded Accommodation, Then Fired Intellectually Disabled Employee, Federal Agency Charges - ROCKFORD, Ill. - The U.S. Equal Employment Opportunity Commission (EEOC) filed a lawsuit here yesterday against...more

America's Largest Drug Store Chain to Pay $180,000 to Settle EEOC Disability Discrimination Suit

South San Francisco Walgreens Fired Longtime Employee With Diabetes Over a $1.39 Bag of Chips, Federal Agency Charged - SAN FRANCISCO - Drugstore giant Walgreens has agreed to pay $180,000 to a longtime employee with...more

Does an Employer Have an Obligation to Provide Accommodations to Pregnant Employees? Don't Follow This Employer's Lead

Ena Wages served as a property manager for one of several apartment complexes owned by Stuart Management Corp. She began her employment on November 17, 2008, and this is significant under the FMLA because nearly one year...more

“Waive” Goodbye to Employer Liability Under the ADA for Voluntary Accommodations of Essential Job Functions

An employer faces a difficult situation when a temporarily disabled employee who cannot perform his or her essential job functions requests an accommodation. This situation becomes significantly more complicated when the...more

EEOC Sues EZEFLOW USA for Disability Discrimination

Pipe Fittings Manufacturer Fired a Veteran With PTSD Instead of Giving Him Brief Unpaid Medical Leave as a Reasonable Accommodation, Federal Agency Says - PITTSBURGH - EZEFLOW USA, a pipe fittings manufacturer,...more

Workers' Compensation Board Appellate Division Updates

Handicapped-accessible housing as a "physical aid" under 39-A M.R.S. § 206(8) - In Chapman v. VIP, Inc., Me. WCB App. Div. No. 14-9 (March 10, 2014), at issue was the payment of rent premium due to an asserted need for...more

Making Your Termination Decision Count (Don’t Sleep on This One…)

The success or failure of an employer’s defenses in employment litigation often turns on what motivated a termination decision. My consistently subpar performance or my complaint about harassment? My taking of leave or...more

Last Call! Third Circuit Court Of Appeals Rules That Employer Can Terminate Employee For Violating Strict No Alcohol Return To...

The Third Circuit Court of Appeals recently issued a decision holding that an employer's termination of an employee for violating a very broad and restrictive return to work agreement (RWA), which prohibited the employee from...more

Employee Fired for Sleeping on the Job Is Entitled To A Jury Trial Because Employer Should Have Considered Its ADA Obligations...

In Spurling v. C&M Fine Pack, Inc., the employee received three write-ups for performance and a final warning with a suspension for sleeping in the bathroom while working on the night shift. Subsequently, Spurling’s...more

Oakland Children's Hospital Sued by EEOC for Disability Discrimination

Medical Center Fired Employee with Breast Cancer, Federal Agency Charged - OAKLAND, Calif. - An Oakland-based non-profit regional medical center violated federal law when it failed to accommodate and instead fired an...more

Alorica Pays $135,000 to Settle EEOC Disability Discrimination Suit

Company's Predecessor Unlawfully Fired Employee With Bipolar Disorder and Depression While on Short-Term Disability Leave, Federal Agency Charged - ATLANTA - Alorica Inc., a telesales and data services company that...more

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