Practical HR Tips, News & Advice. Updated Daily.
The 6th Circuit recently overturned a lower court’s dismissal of an employee’s disability and age discrimination claims and sent the case back for trial. The employee, who is unable to lift more than 35 pounds because he has scoliosis, was discharged after nearly 40 years on the job when his supervisor discovered that his condition […]
A finite leave of absence can be a reasonable accommodation required by the Americans with Disabilities Act (ADA), but the statute and implementing regulations don’t specify at what point leave becomes “indefinite,” and therefore, unreasonable.
While businesses must provide reasonable accommodations to workers with disabilities, they don’t necessarily have to provide an employee’s preferred accommodation. Instead, the Americans with Disabilities Act (ADA) permits employers to fulfill their obligation by offering any effective accommodation.
Recently, a California employee sued her employer, claiming, among other things, that it discriminated against her because of her disability and failed to engage in the interactive process with her. The trial court dismissed her claims, and she appealed. This case exemplifies how an employer’s patience in providing reasonable accommodations pays off.
Even though the federal trial court in Aberdeen rejected a terminated employee’s claims of wrongful termination and interference under the Americans with Disabilities Act (ADA) and the Family and Medical Leave Act (FMLA), it accepted her self-diagnosis of a disability. This case is worth another look.
Question: We have many offices throughout the United States. Several states offer short-term disability (STD) programs for maternity leave after the birth of the child. Some do not. If we were to offer a company paid equivalent in the states which do not offer a STD for this time period, would it be a discriminatory […]
An obese Chicago Transit Authority (CTA) bus operator alleged he was discriminated against when the agency refused to allow him to return to work following medical leave. A federal court recently said “fat chance” to the CTA’s request for early dismissal of the driver’s Americans with Disabilities Act (ADA) claim.
2017 is a year of uncertainty for the HR sector. Absence and disability management professionals are no different. A new president and Congress are sure to institute laws and regulations that make changes great and small. At the same time, states and localities continue to make their own legal and regulatory changes, especially around paid leave.
On procedural grounds, a federal appeals court rejected a lawsuit from the U.S. Equal Employment Opportunity Commission (EEOC) against an employer that had conditioned health coverage on participation in a wellness program.
by Marianne Koepf, Carothers DiSante & Freudenberger LLP Winning summary judgment (a judgment in your favor without a full trial) in a disability discrimination case is rare for employers in California. Disability cases are often factually messy and involve complex legal issues. However, it can be done, as the California Court of Appeal’s recent decision […]