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.

Mississippi

Mississippi Employer’s Inconsistent Discipline Warrants Jury Trial on ADA, ADEA Claims

The federal trial court in Aberdeen 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 raised […]

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Kentucky

Manager Claims Disability Bias after Employer Requires Psychological Evaluation

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 […]

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California

Employer’s Past Practices Can Actually Expand Liability for Failure to Accommodate

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).

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Mississippi

ADA and FMLA Best Practices Pay Off for Cash-Handling Company

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.

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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.

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ADA

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 […]

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