Tag: disabilities

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5 Steps to Help Employers Stay Compliant with the ADA

To help ensure compliance with the Americans with Disabilities Act (ADA), there are five steps employers can take, according to Dana Connell of Littler Mendelson, P.C. and Matt Morris, VP of FMLASource, ComPsych Corporation—both presenters at SHRM’s 2017 Annual Conference & Exposition in New Orleans.

FMLA

FMLA Training Scenario: Failure to Return to Work?

Here we present a leave-related workplace scenario—inspired by an actual court case—that’s intended to help HR professionals better understand an employer’s responsibilities under the Family and Medical Leave Act (FMLA).  In this scenario, a police officer who took FMLA leave to recover from an injury asks to be assigned to light or desk duty or […]

FMLA

Ask the Expert: Deeming Employee ‘Ineligible’ for Leave Isn’t Always Simple

Question: We have an employee who requested FMLA paperwork because of her migraines.  Unfortunately, she is ineligible because her location is outside of the 75-mile radius of 50 employees or more. She is requesting special accommodations to miss work when she has a severe migraine. However, she is a kitchen designer and most of the […]

Pennsylvania

Employer’s Honest Belief in Employee Misconduct Justifies Termination, Even If It’s Wrong

The 3rd Circuit—which covers Delaware, New Jersey, and Pennsylvania—recently ruled that an employer’s honest belief that an employee misused Family and Medical Leave Act (FMLA) leave can defeat an FMLA retaliation claim, even if the employer’s belief is mistaken. The court also ruled that under certain circumstances, an employee’s request for FMLA leave may constitute […]

Ohio

Can Waste Management Employee Prove Disability Discrimination Claim?

The 6th Circuit Court of Appeals—which covers Kentucky, Michigan, Ohio, and Tennessee—recently heard a claim from a former Waste Management employee. The former employee claims he was discriminated against under the Americans with Disabilities Act (ADA) and the Family and Medical Leave Act (FMLA). How did the 6th Circuit rule? Facts “Justin” was hired by […]