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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 […]
Naturally, most employers strive to take every legal precaution they can and to put forth their best effort to remain in compliance with all employment laws. Compliance with the Americans with Disabilities Act (ADA) is no exception.
The 6th Circuit recently overturned a lower court’s dismissal of an employee’s disability and age discrimination claims and sent the case back for trial. The employee, who is unable to lift more than 35 pounds because he has scoliosis, was discharged after nearly 40 years on the job when his supervisor discovered that his condition […]
A finite leave of absence can be a reasonable accommodation required by the Americans with Disabilities Act (ADA), but the statute and implementing regulations don’t specify at what point leave becomes “indefinite,” and therefore, unreasonable.
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.
Question: We have many offices throughout the United States. Several states offer short-term disability (STD) programs for maternity leave after the birth of the child. Some do not. If we were to offer a company paid equivalent in the states which do not offer a STD for this time period, would it be a discriminatory […]