Tag: ADA

Kentucky

Was Attendance an Essential Job Function for AT&T Customer Service Rep?

An AT&T customer service representative (CSR) recently filed a lawsuit against her employer citing disability discrimination, but the employer, citing attendance as an essential job function of her position, claimed she was terminated for her frequent absences. Was the employee discriminated against? The 6th Circuit Court of Appeals—which covers Kentucky, Michigan, Ohio, and Tennessee—has the answer.

New Bill Regarding EEOC Wellness Rules

By David Slaughter, JD Legislation introduced by a key House Republican would largely negate the U.S. Equal Employment Opportunity Commission’s (EEOC) wellness program rules, which plan sponsors have criticized for adding a duplicative layer of regulation to earlier standards set by other agencies. BLR® Senior Legal Editor David Slaughter, JD, has the facts in today’s […]

pretext

Coordinating FMLA with the Americans with Disabilities Act, Part 2

In this article series, we’ll focus on the intersection of the Family and Medical Leave Act (FMLA) and how it affects many other laws, including the Americans with Disabilities Act (ADA), workers’ comp, and other state laws that apply to medical or disability leaves. In our last installment, we covered the ADA and what happens […]

Arkansas

Disability Discrimination: Terminated Cancer Survivor’s ADA Claim Fails, Part 2

As you’ll recall in part one of this article, “Willow” a cancer survivor with long-lasting side effects, was terminated from her position at Medtronic. Medtronic cited poor performance, among other reasons, in its decision to terminate Willow. After a district court ruled in Medtronic’s favor, Willow appealed to the 8th Circuit.

FMLA

Coordinating FMLA with the Americans with Disabilities Act, Part 1

In this article series, we’ll focus on the intersection of the Family and Medical Leave Act (FMLA) and how it affects many other laws, including the Americans with Disabilities Act (ADA), workers’ comp, and other state laws that apply to medical or disability leaves. Additionally, the FMLA may intersect with a variety of employer-provided leaves […]

Wellness

Bill Takes Aim at EEOC Wellness Rules

Legislation approved by a House committee would largely negate the U.S. Equal Employment Opportunity Commission’s (EEOC) wellness program rules, which plan sponsors have criticized for adding a duplicative layer of regulation to earlier standards set by other agencies.