There are numerous reported cases that address whether an employee suffered discrimination because of a disability, but not many of them are grounded on a “perceived” disability the employee didn’t actually have.
Category: ADA & Disabilities
The Americans with Disabilities Act protects qualified disabled employees from discrimination. HR Daily Advisor gives you the background you need on who’s covered, what constitutes a “reasonable accommodation”, issues involving health insurance and medical leave, tax incentives for employers, and more.
A Massage Envy franchise violated federal law when it fired an employee for traveling to Ghana, according to the U.S. Equal Employment Opportunity Commission (EEOC). The company acted on fears that its massage therapist might contract Ebola and, in doing so, violated the Americans with Disabilities Act (ADA), the commission has alleged in a lawsuit.
An employee was not entitled to a 12-month leave extension as an Americans with Disabilities Act (ADA) accommodation, a federal appeals court has ruled.
It just doesn’t make any sense. Mention to someone that you have a chronic condition like high cholesterol or heart disease, and they will shower you with empathy, offers of assistance, and maybe even a recipe for a healthy snack. Mention that you suffer from mental illness, and the same person is just as likely […]
Digital diabetes solutions are not a panacea but can offer employers valuable assistance in combatting diabetes among their populations, says a new report from Northeast Business Group on Health (NEBGH). The report, “Digital Diabetes Solutions in Action: An Opportunity Study,” profiles a pilot program begun within a segment of employees at Mount Sinai Health System […]
Does an employer have to overlook past mistakes that were made because of an employee’s disability? The U.S. 10th Circuit Court of Appeals— which covers Colorado, Kansas, New Mexico, Oklahoma, Utah, and Wyoming—recently heard such claims.
A federal trial court in Aberdeen, Mississippi, recently declined to dismiss an employee’s wrongful termination claims under the Age Discrimination in Employment Act (ADEA) and the Americans with Disabilities Act (ADA). The court found the employer’s distinction between the conduct of the terminated employee and similar misconduct by a younger nondisabled employee who wasn’t terminated […]
The U.S. 6th Circuit Court of Appeals—which covers Kentucky, Michigan, Ohio, and Tennessee—recently heard from a former Home Depot manager, claiming that he was discriminated against based on a “perceived” disability. The manager claims he was put on medical leave and required to undergo a psychological evaluation. The manager had made “threatening remarks” that could […]
In this case involving police recruits who were injured during training at the Los Angeles Police Department’s (LAPD) Police Academy, the court confirmed that an employee may not be a qualified individual for purposes of a discrimination claim but may be a qualified individual for purposes of a failure-to-accommodate claim. The case also illustrates how an employer’s past practices can affect the scope of its duties to disabled employees under the California Fair Employment and Housing Act (FEHA).
The U.S. 5th Circuit Court of Appeals (which covers Louisiana, Mississippi, and Texas) recently upheld a jury’s verdict in favor of an employer on an employee’s lawsuit under the Americans with Disabilities Act (ADA) and the Family and Medical Leave Act (FMLA). The verdict was the result of several things the employer did correctly in response to the employee’s medical issues. This case is worth another look.