Tag: ADA

Failure to Provide FMLA Notice to Employee Costs Employer $275K

A federal district court judge approved a consent decree requiring Staples to pay $275,000 for failing to notify an employee of his Family and Medical Leave Act leave rights to care for his critically ill wife over a period of two years. The U.S. Department of Labor contended that the office supply chain’s failure to […]

Get Out the 10-Foot Pole … and Make Sure It Doesn’t Touch These Questions

In yesterday’s Advisor, consultant Bridget Miller shared some application questions to avoid, including those that reveal age or disability information. Today, Miller covers more protected classes, private information, and other areas of inquiry that your application shouldn’t touch with a 10-foot pole.

Erratic Attendance Not a Reasonable ADA Accommodation

An employer is not required to alter its attendance policy to allow erratic, extended and indeterminate leave as a “reasonable accommodation,” according to a federal district court in Texas. Accordingly, the employer did not violate the Americans with Disabilities Act when it fired an employee for violating the company’s attendance policy, the court ruled in […]

Increased Job Duties Fail to Support ADA, ADEA Charges

By Robert Teachout Changes in job duties and increased responsibilities that an employee claimed made his job “untenable” were not sufficient to be an adverse action under the ADA or the ADEA, the 8th U.S. Circuit Court of Appeals recently ruled. The court held that the increased duties did not constitute a material change in […]

Accommodation Was Not Reasonable, So ADA Lawsuit Against Law Firm Fails

A law firm did not violate the Americans with Disabilities Act by terminating an assistant who could no longer perform heavy lifting, a federal appeals court ruled. Heavy lifting was an essential function of the employee’s job and her inability to do so could not reasonably be accommodated, the 4th U.S. Circuit Court of Appeals […]

Outlook Sunny for Teens’ Summer Job Prospects

Yesterday, we talked about job prospects for the most recent crop of college grads, and things are looking good in terms of both starting salaries and number of jobs available. But what about the outlook for their younger brothers and sisters looking to earn some money at summer jobs?

Employer Owes Employee an Effective Fix, Not His Preference

Employers are not required to grant an employee’s desired accommodation, the 2nd U.S. Circuit Court of Appeals has confirmed. Instead, they need only provide one that is effective. The court reached that conclusion in Noll v. IBM, No. 13-4096-cv (2nd Cir. May 21, 2015) when it determined that IBM had accommodated a deaf employee by […]