HR Management & Compliance

Can a Reasonable Accommodation Be Retaliatory Under the FMLA?

By Richard J. Morgan, JD

One of the challenging situations faced by HR professionals and the employers they work for is the differing standards under the Americans with Disabilities Act (ADA) and the Family and Medical Leave Act (FMLA). Considering one of the laws without an analysis of the other and its effect on employment decisions can create problems for employers.

Inquiries under the laws are particularly fact-intensive. Read on to see how an employer carefully navigated the ADA and the FMLA and how the U.S. 4th Circuit Court of Appeals (which covers Maryland, North Carolina, South Carolina, Virginia, and West Virginia) viewed the employer’s actions.

Read more.