Ask the Expert: Can We Terminate Employee with No Return to Work Date?
Question: What’s the appropriate process for terminating employees without a return-to-work date and no Long-Term Disability (LTD)?
Tag: ADA
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.
Citing Lack of Regulations, Court Dismisses Web Accessibility Suit Against Domino’s
A federal district court has dismissed a website accessibility suit filed against Domino’s Pizza because the U.S. Department of Justice (DOJ) has not yet finalized regulations on the issue. The decision, however, does little to help businesses decide on a course of action, according to one expert.
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 […]
Ask the Expert: Can We Require Return to Work Waiver for Employee on FMLA with Brain Tumor?
Question: We have an employee who is currently on FMLA leave has a brain tumor. She has been cleared by her doctor to return to work part time. Can we ask the employee to sign a waiver in case anything happens to her while at work? Answer from the experts at HR.BLR.com:
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 […]
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.
Disability Discrimination: Terminated Cancer Survivor’s ADA Claim Fails, Part 1
The U.S. 8th Circuit Court of Appeals (which covers Arkansas, Iowa, Minnesota, Missouri, Nebraska, North Dakota, and South Dakota) recently affirmed a district court’s ruling that an employee failed to establish a case of disability discrimination and retaliation.
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 […]
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.