It is a common dilemma for employers: An employee requests a leave of absence for several months, fails to return at the end of the leave, and asks for a lengthy extension. Under what circumstances may the employer deny the extension and terminate the employee’s employment? A recent decision from the U.S. Court of Appeals […]
The 2nd Circuit—which covers Connecticut, New York, and Vermont—recently heard claims that a pharmacy violated the Americans with Disabilities Act (ADA) when it fired a pharmacist, whose fear of needles prevented him from administering immunizations. Did the pharmacist have a claim for disability discrimination?
In a recent decision, the U.S. 5th Circuit Court of Appeals—which covers Louisiana, Mississippi, and Texas—addressed claims brought by an automaker’s employee under the Family and Medical Leave Act (FMLA) and the Americans with Disabilities Act (ADA).
Question: We have an employee who is getting a service animal and wants to know our policy on it. What can we ask in terms of why he needs the animal? What rights do we have in terms of allowing the dog on the job site? We operate heavy equipment at the job site and […]
A lawsuit filed by the federal government alleging that the ability to contract Ebola is a disability is “nonsensical,” according to the Massage Envy franchisee defending the case.
To help ensure compliance with the Americans with Disabilities Act (ADA), there are five steps employers can take, according to Dana Connell of Littler Mendelson, P.C. and Matt Morris, VP of FMLASource, ComPsych Corporation—both presenters at SHRM’s 2017 Annual Conference & Exposition in New Orleans.
Here we present a leave-related workplace scenario—inspired by an actual court case—that’s intended to help HR professionals better understand an employer’s responsibilities under the Family and Medical Leave Act (FMLA). In this scenario, a police officer who took FMLA leave to recover from an injury asks to be assigned to light or desk duty or […]
The U.S. 8th Circuit Court of Appeals—which covers Arkansas, Iowa, Minnesota, Missouri, Nebraska, North Dakota, and South Dakota—recently reversed an Arkansas district court’s dismissal of a discrimination claim brought under the Americans with Disabilities Act (ADA) by a deceased employee’s estate.
The Americans with Disabilities Act (ADA) forbids discrimination in employment based on disability and requires employers to provide reasonable accommodations to their employees’ disabilities. The ADA also prohibits retaliation against those who seek reasonable accommodations or protection under the Act. But does the ADA protect an employee without a disability who requests an accommodation? The […]
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.