News & Analysis as of

Light-Duty Positions

EEOC Sues Trinity Health for Pregnancy Discrimination

Medical Provider Refused to Keep Pregnant Worker on the Job Working Light Duty and Instead Fired Her, Federal Agency Charges - MINNEAPOLIS - Trinity Health, an integrated healthcare provider with 2,500 employees...more

Recent Guidelines in Handling FMLA Claims

by Taylor English Duma LLP on

Your employee takes twelve weeks of FMLA, but cannot return when her leave expires. Her doctor certifies that she needs an additional 30 days of recuperation, but she claims she can do light-duty work during that 30 day...more

The Heavy Burden of Light Duty in California: Court Assesses Multi-Million Dollar Disability Award

Many employers offer light duty programs to employees who are temporarily disabled. Reasonable accommodation obligations imposed by California’s Fair Employment and Housing Act (FEHA) may come into play when administering...more

Court of Appeal Upholds LAPD Recruits’ Failure to Accommodate Claim

by Seyfarth Shaw LLP on

Seyfarth Synopsis: The Court of Appeal held that police officer recruits who were not “qualified individuals” under FEHA for purposes of their discrimination claim could nonetheless prevail on their claim for failure to...more

Court rules employer not able to accommodate pregnant employee

by McAfee & Taft on

A recent ruling by the federal appeals court that covers Oklahoma reminds employers that they must treat pregnant employees with health conditions or work limitations the same as any other employee with health conditions or...more

Justice Department Settles Pregnancy and Disability Discrimination Lawsuit Against City of Florence, Kentucky

WASHINGTON - The Justice Department filed a proposed consent decree with the city of Florence, Kentucky, to resolve a pregnancy and disability discrimination lawsuit brought by the department under Title VII of the Civil...more

Fifth Circuit Flips Grant Of Summary Judgment Against EEOC in ADA Case

by Seyfarth Shaw LLP on

Seyfarth Synopsis: In an ADA action regarding disability discrimination, the Fifth Circuit reversed a District Court’s grant of summary judgment in favor of the employer and against the EEOC, noting that even though the...more

When to Say When? Fifth Circuit Rules on When an Accommodation Isn’t Working

In a published opinion, the Fifth Circuit has held that an employee’s poor performance in a light-duty position can relieve the employer from any further obligation to find a reasonable accommodation under the Americans with...more

Second Circuit Rejects Light Duty Program Limited to Job-Related Injuries

In last year’s Young decision, the U.S. Supreme Court found that an employer could not exclude pregnant employees from participation in a light duty work program absent demonstration of significant burdens that would result...more

Permanent Light Duty Not Required Under ADA

Employers frequently offer light duty work as a means for injured employees to return to their regular job duties. Light duty is typically associated with employees with Workers’ Compensation related injuries. ...more

Never Forever: Indefinite Extension of Light-Duty Not Required Under ADA (Per Eleventh Circuit)

Employers evaluating ADA reasonable accommodation requests often must decide whether they have to provide extended light duty for an injured employee. In Frazier-White v. Gee, the Eleventh Circuit recently provided helpful...more

Employer May Eliminate Light Duty Job

by Sherman & Howard L.L.C. on

In Dunderdale v. United Airlines, the employee suffered from a back injury that prevented him from performing any heavy lifting. The employer assigned him to a light duty position – sitting at a computer scanning bags as they...more

“Light Duty” Work Assignments in Doubt: Supreme Court Adopts New Pregnancy Discrimination Standard Affecting Manufacturers

by Robinson & Cole LLP on

The United States Supreme Court issued its much anticipated decision in Young v. United Parcel Service, (U.S. Sup. Ct., March 24, 2015), in which the Court set forth a new standard for litigating pregnancy discrimination...more

Lessons Learned from the EEOC's Guidance on Pregnancy Discrimination

by Barley Snyder on

A pregnant nursing assistant for a long term care facility gives her employer a doctor’s note with a 20 pound lifting restriction for the duration of her pregnancy. The job requires her to lift in excess of 50 pounds on a...more

Pregnancy-Blind Light Duty Policy Not Enough To Obtain Summary Judgment On Pregnancy Discrimination Claim In New Sixth Circuit...

by FordHarrison on

The Sixth Circuit recently held that a certified nursing assistant (CNA) should be permitted to take her Pregnancy Discrimination Act claim to trial even though the employer terminated her based on its facially neutral policy...more

Cop Moved Off Her Beat and Onto FMLA Leave

by Sherman & Howard L.L.C. on

A police officer in a small town asked for light duty after she hurt her foot off duty. The chief refused because there was no light duty available, the force had only provided it in the past to officers with work related...more

Legislation Roundup: Maryland General Assembly Mandates that Employers Provide "Light Duty" to Pregnant Disabled Women, Leave for...

by Littler on

In May 2013, Governor Martin O'Malley signed three noteworthy statutes that will affect virtually every Maryland employer. Effective October 1, 2013, Maryland employers with 15 or more employees must provide their pregnant...more

Ostracism and Petty Mistreatments May Collectively Rise to the Level of Hostile Work Environment for Light Duty Employee

A female plumber on “light duty” in the city of Chicago’s Department of Sewers filed a lawsuit alleging that her supervisor assigned menial work to her, prohibited her co-workers from interacting with her, and subjected her...more

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

by Miller & Martin PLLC on

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

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

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

No Violation of FMLA to Refuse Request for Light Duty Before Return to Work

by Sherman & Howard L.L.C. on

Employers sometimes offer light duty work to employees who are recuperating from injuries, illnesses, or other medical conditions, when they cannot yet perform the essential functions of their jobs. Employers may have a...more

Permanent “Light-Duty” Position Not Reasonable Accommodation for Disabled Employee Under the ADA

In an unpublished opinion, the Sixth Circuit Court of Appeals recently upheld the dismissal of a case in favor of an employer who refused to convert a temporary light-duty position into a permanent job for a disabled...more

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