Tag: disability

West Virgina

Back to Basics: Was DMV Worker A ‘Qualified Individual’ Under WVHRA?

The West Virginia Supreme Court of Appeals recently offered employers some guidance—and perhaps some encouragement—in determining whether an employee is a “qualified individual with a disability” and, more important, what’s “reasonable” when you’re accommodating an employee during the initial training period.

Ebola

Is the Potential to Contract Ebola a Disability? EEOC Thinks So

A Massage Envy franchise violated federal law when it fired an employee for traveling to Ghana, according to the U.S. Equal Employment Opportunity Commission (EEOC). The company acted on fears that its massage therapist might contract Ebola and, in doing so, violated the Americans with Disabilities Act (ADA), the commission has alleged in a lawsuit.

Leave

California Court Confirms Employers Not Required to Provide Employees Indefinite Leaves of Absence

In a recent case, an employee suffered a stroke at work. Even after a 14-month leave of absence, her doctors could not state with certainty when she would be able to return to work. In that situation, it was clear her employer did not discriminate against her based on her disability when it terminated her […]

Ask the Expert: Rules for Sending a Sick Employee Home

If an employee comes to work sick (as in the flu, fever, vomiting, etc.), do we have the right to send that employee home and make them use their Paid Time Off (PTO)? Or are we obligated to paying a sick employee if we decide to send them home?

retirement

Is Disability Retirement ‘Honorable’ if Retiring Police Officer is Facing Termination?

A California police officer was being evaluated for not properly investigating a sexual abuse incident. The police department decided to proceed with discipline by recommending that the officer be terminated from the department. After the internal investigation was completed and the notice of intent to impose discipline was sent, the officer’s lawyer tried to extend […]

Kentucky

Manager Claims Disability Bias after Employer Requires Psychological Evaluation

The U.S. 6th Circuit Court of Appeals—which covers Kentucky, Michigan, Ohio, and Tennessee—recently heard from a former Home Depot manager, claiming that he was discriminated against based on a “perceived” disability. The manager claims he was put on medical leave and required to undergo a psychological evaluation. The manager had made “threatening remarks” that could […]