Ebola ADA Suit is ‘Nonsensical,’ Massage Envy Franchisee Says
A lawsuit filed by the federal government alleging that the ability to contract Ebola is a disability is “nonsensical,” according to the Massage Envy franchisee defending the case.
Tag: ADA
5 Steps to Help Employers Stay Compliant with the ADA
To help ensure compliance with the Americans with Disabilities Act (ADA), there are five steps employers can take, according to Dana Connell of Littler Mendelson, P.C. and Matt Morris, VP of FMLASource, ComPsych Corporation—both presenters at SHRM’s 2017 Annual Conference & Exposition in New Orleans.
South Dakota Brewery Worker’s Employment Tanked by Medical Restrictions
A brewery employee suffering from a medical condition was placed on additional work restrictions by his new treating physician. Accommodating the new restrictions put the employer in a position where it had to either invest in expensive equipment or let the employee walk.
Does Employee’s Drug-Induced Mentally Altered State Nullify Voluntary Resignation?
A former employee sued her employer under the California Fair Employment and Housing Act (FEHA) for violations of public policy after her request to rescind her resignation—made while her mental state was altered—was declined.
FMLA Training Scenario: Failure to Return to Work?
Here we present a leave-related workplace scenario—inspired by an actual court case—that’s intended to help HR professionals better understand an employer’s responsibilities under the Family and Medical Leave Act (FMLA). In this scenario, a police officer who took FMLA leave to recover from an injury asks to be assigned to light or desk duty or […]
Ask the Expert: Deeming Employee ‘Ineligible’ for Leave Isn’t Always Simple
Question: We have an employee who requested FMLA paperwork because of her migraines. Unfortunately, she is ineligible because her location is outside of the 75-mile radius of 50 employees or more. She is requesting special accommodations to miss work when she has a severe migraine. However, she is a kitchen designer and most of the […]
Worker Fired Over Glassdoor.com Review Takes Employer to Court
The U.S. Equal Employment Opportunity Commission (EEOC) has sued an employer on an employee’s behalf, alleging that it fired him for complaining about discrimination on job-review site Glassdoor.com.
Promotions, New Supervisors Not ADA Accommodations, Courts Say
While the Americans with Disabilities Act (ADA) requires a wide array of accommodations for workers with disabilities, there are a few things that generally are not required because they fail the law’s “reasonableness” test. Among those are a promotion and a new supervisor.
No Job Protection for Employee Who Took 7 Weeks’ Leave During Probationary Period
An employee who accrued more than 7 weeks’ worth of unscheduled absences during her 50-week probationary period was not entitled to job protection under federal disability law, an appeals court has ruled.
Employer’s Honest Belief in Employee Misconduct Justifies Termination, Even If It’s Wrong
The 3rd Circuit—which covers Delaware, New Jersey, and Pennsylvania—recently ruled that an employer’s honest belief that an employee misused Family and Medical Leave Act (FMLA) leave can defeat an FMLA retaliation claim, even if the employer’s belief is mistaken. The court also ruled that under certain circumstances, an employee’s request for FMLA leave may constitute […]