Sleep deprivation: Know whether it’s a performance problem or a disability

Employers striving for a diverse workforce take care not to discriminate against employees with a disability, but hidden disabilities can be tricky. Supervisors might think they’re dealing with performance problems when they really should be considering whether an employee has a disability protected by the Americans with Disabilities Act (ADA). 


Coordinating FMLA with the Americans with Disabilities Act, Part 1

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 […]

Infertility treatments and the FMLA, ADA, and PDA

By Susan Schoenfeld, JD, Senior Legal Editor HR.BLR.com What do you do when an employee asks for leave for infertility treatment? Is leave for infertility treatment available under the Family and Medical Leave Act (FMLA), theAmericans with Disabilities Act (ADA) or the Pregnancy Discrimination Act (PDA)? According to the Center for Disease Control (CDC), infertility […]

Clarity amidst confusion: handling mental disability claims

by Allison B. Wannop One of the most difficult issues employers deal with is how to accommodate an employee with a mental impairment under the Americans with Disabilities Act (ADA). Mental impairments can include depression, anxiety disorders, and psychiatric disorders that affect employees’ attendance and performance. Employers may have a difficult time distinguishing mental impairments […]

The 5 Hoops—FMLA Leave over Children 18 and Older

First, the child must meet the FMLA definition of a “son or daughter.” Second, the child 18 years of age or old must be “incapable of self-care.” Third, the incapability for self care must be because of a mental or physical disability at the time FMLA leave is to commence. Fourth, the child must have […]

When is Obesity a Disability?

Recently, the American Medical Association (AMA) has declared obesity to be a disease. This has implications for employers, since obesity may now also be considered a disability in certain circumstances. table style=”padding: 15px;” align=”right”> When is Obesity a Disability? To see when it might be possible that obesity may be declared a disability, let's take […]

Quell Compassionate Impulses—Or Face ‘Regarded As’ Claims

In yesterday’s Advisor, we covered Attorney Franck Wobst’s key things to include in documentation. Today, things not to include, plus an introduction to a timely BLR Bootcamp on performance management. The Two Problems Fentin, who is a partner in the Springfield, Massachusetts, law firm Skoler, Abbott & Presser P.C., points out the two poles of […]