News & Analysis as of

Employer Liability Issues Americans with Disabilities Act

Does The ADA Require An Employer To Extend A Leave Taken Under The FMLA?

by Roetzel & Andress on

Are you an employer who must provide benefits to employees under the Family Medical Leave Act (“FMLA”) because you have had 50 or more employees for at least 20 weeks during the past year? If so, do you sometimes get...more

Ouch: EEOC Gets Summary Judgment Win Relative To Employer’s Medical Testing

by Seyfarth Shaw LLP on

Seyfarth Synopsis: In an ADA action alleging that a maker of train components discriminated against a group of applicants by regarding them as disabled, a federal district court in Illinois granted the EEOC’s partial motion...more

Miss Manners Delicately Sidesteps Employment Law Faux Pas!

And did it with such grace! After all, she is Miss Manners. This is another installment in my unofficial series, "Second-guessing the advice columnists." My all-time favorite advice columnist is Miss Manners, who...more

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

by Franczek Radelet 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

Employers Must Consider the ADA Before Requiring Medical Examinations

by Conn Maciel Carey LLP on

Depending on your industry, it may be commonplace for you as an employer to require medical examinations of employees for a specific purpose in order to ensure the safety and health of those employees. This often occurs, for...more

Impact Of Recreational Marijuana On Your Business

by SmithAmundsen LLC on

While marijuana use remains unlawful under federal law, 30 states and Washington D.C. have legalized some form of medical use. Eight states and Washington D.C. have legalized recreational marijuana for adults. More cities,...more

Seventh Circuit: Multi-Month Leave Of Absence Not A Reasonable Accommodation Under The ADA

by Jackson Lewis P.C. on

Determining how long an employer must hold a position for an absent worker is a question that vexes Human resources Directors and Operations management. The Seventh Circuit recently ruled, in Severson v. Heartland Woodcraft,...more

“Brute Reason” or Lack of Nuance: Seventh Circuit’s Twin Holdings That a Long Term Leave is Not a Reasonable Accommodation May...

In one of his more pithy lines, Oscar Wilde wrote, “I can stand brute force, but brute reason is quite unbearable. There is something unfair about its use. It is hitting below the intellect.” Oscar Wilde, The Picture of...more

Extending Leave Was Not A Reasonable Accommodation Under The ADA Where There Was A Lack Of “Certainty” About Return To Work Date

by Jackson Lewis P.C. on

While employers generally accept that they cannot apply a maximum leave period after which employees are automatically terminated, they continue to struggle with how much leave must be provided as a form of accommodation...more

Prior Entitlement To FMLA Leave Is Not A Free Ticket To Miss Work For Non-FMLA Covered Reasons

by Jackson Lewis P.C. on

The U.S. District Court for the Middle District of Pennsylvania recently upheld an employer’s decision to terminate an employee under its policy against excessive absenteeism, in spite of the fact that the former employee had...more

Happy Thanksgiving and the Many Things for Which We Are Thankful

Before everyone gets out of the office to their various homes and families to celebrate the holiday, we wanted to review the year and count our blessings. Not only are we thankful that our families and colleagues in our...more

Federal Court Rules in Favor of EEOC in Disability Discrimination Charge against Amsted Rail

Denying Employment Based on Carpal Tunnel Screening Found Unlawful - ST. LOUIS - A federal judge ruled in favor of the U.S. Equal Employment Opportunity Commission (EEOC) on Nov. 16 in its discrimination charge against...more

The EEOC on Pregnancy, Reasonable Accommodation, and Religion

by Ward and Smith, P.A. on

Recent Views from the EEOC Charlotte District Office - Thomas M. Colclough, Deputy District Director of the Equal Employment Opportunity Commission (EEOC) Charlotte District, spoke on October 6th at Ward and Smith's Labor...more

American Airlines and Envoy Air to Pay $9.8 Million to Settle EEOC Disability Suit

Airlines'Policies Discriminated Against Disabled Employees, Federal Agency Charges - PHOENIX - American Airlines and Envoy Air will pay $9.8 million in stock, which is worth over $14 million if cashed in today, and...more

Eleventh Circuit Reaffirms that Indefinite Leaves of Absence Are Not Reasonable Accommodations

Last month, the Eleventh Circuit affirmed a decision in favor of the employer in Roderick Billups v. Emerald Coast Utilities Authority, No. 17-10391, 2017 WL 4857430 (11th Cir. Oct. 26, 2017), continuing the trend of recent...more

Extended Leave is an Accommodation – Maybe Not

by Ruder Ware on

As the after effect of the recent Seventh Circuit Court of Appeals decision about extended leave as an accommodation continues to develop, a serious question is developing of whether an employer is obligated to give an...more

Long-Term Leave Under the ADA May Be Another Step Closer to Becoming a Thing of the Past

by Seyfarth Shaw LLP on

Seyfarth Synopsis: The Eleventh Circuit is the next to find a long-term leave of absence is not a reasonable accommodation under the ADA. Just a few months after a recent and definitive decision by the Seventh Circuit...more

Seventh Circuit Holds That The ADA Is Still Not A Leave Statute

by Jackson Lewis P.C. on

On October 17, 2017, on the heels of its landmark decision in Severson v. Heartland Woodcraft, the Seventh Circuit affirmed summary judgment in favor of the employer in its unpublished opinion in Golden v. Indianapolis...more

The Leaves Are Falling: Differing Interpretations Of Leave As ADA Accommodation

The United States Equal Employment Opportunity Commission (EEOC) has consistently maintained that leaves of absence should be considered as a form of reasonable accommodation under the Americans with Disabilities Act (ADA)....more

Hospitals’ Obligations to Employees Withstand Natural Disasters

by Polsinelli on

Hurricane Harvey reminded hospitals that obligations to employees do not cease during or after horrific natural disasters. Hospitals should have a plan in place when preparing for a natural disaster, such as an inclement...more

Wal-Mart Manager Terminated for Alleged Drug Abuse Files ADA Disability Bias Claim

Last Monday, former Wal-Mart manager Kathryn Silva filed an ADA disability bias claim in the Middle District of Pennsylvania that alleged Wal-Mart terminated her because she refused to sign a “last chance agreement.” The...more

Checking In On GINA: Revisiting the EEOC’s Rules on the Genetic Information Nondiscrimination Act

by Fisher Phillips on

On May 16, 2016, the Equal Employment Opportunity Commission (“EEOC”) issued regulations governing the treatment of wellness programs under the Genetic Information Nondiscrimination Act (“GINA”), as well as under the...more

No Tricks, We Treat You to Five Developments in the Intersection of Health Care and Employment Law

by Epstein Becker & Green on

Almost ten months into the Trump Administration, the executive and legislative branches have been preoccupied with attempting to repeal and replace the Affordable Care Act (“ACA”) – but each attempt has thus far proved...more

Gavel to Gavel: Surge in claims necessitates updates

by GableGotwals on

It’s important employers review their policies, procedures and training programs when it comes to mental health disabilities in the workplace. With one in four Americans experiencing some kind of mental impairment, no...more

Harassment in the Workplace: Not a New Issue

Harvey Weinsten, Ben Afleck (bad move, Batman!), John Besh, Mark Halperin, former President George H.W. Bush: it seems like every day now there is another news story about allegations of harassment (or worse) in the...more

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