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Americans with Disabilities Act (ADA) › Discipline

Adams and Reese LLP

[Webinar] Accommodations Compliance Tactics for the Challenging Cases - June 28th, 12:00 pm - 1:00 pm CT

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Please join us for a one hour CLE on challenging issues that can confront employers when the desire to discipline employee absences or other work conduct intersects with legal requirements to provide job protected leave or...more

Balch & Bingham LLP

Employers Review Policies As Medical Cannabis Sales Begin In Mississippi

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With the first legal sales of medical cannabis recently occurring in Mississippi, employers should again take time to review (or familiarize) themselves with how Mississippi’s recent action in legalizing medical cannabis...more

Venable LLP

New York's Lawful Absence Law

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On November 21, 2022, New York State Governor Kathy Hochul signed into law Bill A8092B (the Law). The Law amends §215 of the New York Labor Law (NYLL) to "clarif[y] that workers shall not be punished or subjected to...more

Parker Poe Adams & Bernstein LLP

ADA Allows Employers To Discipline Employees For Behavior Caused By Medical Conditions

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Under the Americans with Disabilities Act (ADA), employers cannot discriminate against an otherwise qualified individual with a disability or fail to provide reasonable accommodations that allow that person to perform the...more

Parker Poe Adams & Bernstein LLP

A New Road Map for Disciplining Employees for Reasons Unrelated to Their Disability

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Some of the most frequent questions we receive from employers involve managing the performance of employees with medical issues. While employers understand their nondiscrimination obligations under the Americans with...more

Foley & Lardner LLP

Does Inconsistency Always Kill the Cat?

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Spoiler alert - this article doesn’t have anything to do with cats. But it is about something you hear all the time from employment attorneys. You have to be consistent when it comes to enforcing your attendance policies and...more

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

ADA Litigation Lessons Surfaced From a Zamboni Machine

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

Employers, you see this movie all too often. You tolerate, and then ultimately discharge, a poor-performing employee who displays a bad attitude. Unfortunately, supervisors have not documented the employee’s prior instances...more

Bradley Arant Boult Cummings LLP

Moving Up the Naughty List: Level of Progressive Discipline Can Be Non-Discriminatory Reason, Says Eighth Circuit

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Many employers have progressive discipline policies. Are they always followed? Probably not. Should they be? Absolutely, and Lindeman v. St. Luke’s Hospital of Kansas City, a recent case in the Eighth Circuit, demonstrates...more

Franczek P.C.

FMLA FAQ: If an Employee Racks Up Both FMLA and Unexcused Absences, Can He Be Terminated?

Franczek P.C. on

Here’s a puzzle for you. How would you handle it? Mary Beth is a nurse for a local hospital and has been diagnosed with cancer and asthma. 1. She is certified for FMLA leave for her cancer and asthma; 2. She incurs...more

Foley & Lardner LLP

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

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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

Stoel Rives LLP

The Ninth Circuit Joins Its Sister Circuits in Ruling That an Employee Who Threatens Co-Workers with Violence Is Not “Qualified”...

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The Ninth Circuit released a precedent-setting Americans with Disabilities Act (“ADA”) decision yesterday, and it’s a big win for employers.  The Court held that an employee who makes “serious and credible threats of violence...more

Constangy, Brooks, Smith & Prophete, LLP

Employment Law Advice You Should Never Follow

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This is terrible advice on so many levels. First, an employee who doesn’t have even the relatively minimal income provided by unemployment is going to be that much more likely to sue you — as a matter of financial survival,...more

Pullman & Comley - Labor, Employment and...

The Importance of Timing in Employment Terminations

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There is a saying that “timing is everything,” and in some instances of employment termination, the timing, if not everything, may still be an important consideration....more

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