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.
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.
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 […]
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.
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.
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 […]
At a credit union in Indiana, employees reported that their CEO had recently become “disorganized, forgetful, and confused.” He seemed disoriented and lost, they said.