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Employers need to keep in mind that if an employee uses all of her allotted leave time under the Family and Medical Leave Act, it does not necessarily follow that she has lost her entitlement toward job protection. In fact, once an employee has exhausted FMLA or employer-provided leave, the employer must assess whether the […]
If an employee’s disability causes him to sexually harass co-workers, the Americans with Disabilities Act does not require the employer to turn a blind eye, the 2nd U.S. Circuit Court of Appeals ruled in McElwee v. County of Orange, No. 11-4366-cv (2nd Cir. Nov. 15, 2012). James McElwee, an individual with Pervasive Developmental Disorder, worked […]
While some employees with chemical sensitivity may be entitled to work from home, that remedy is not always available, the U.S. District Court for the Southern District of Ohio has ruled in Core v. Champaign County, 2012 WL 4959444 (Oct. 17, 2012). The court had ruled on July 30 in Core v. Champaign County that […]
A coal mine in Birmingham, Ala. will pay $40,000 to settle allegations it failed to reassign a worker with a disability, in violation of the Americans with Disabilities Act. Rocky Davis had hearing loss and was regularly assigned to an area of the mine that adversely affected his hearing aids, according to the U.S. Equal […]
Employers must consider transferring employees with disabilities so they can be close to medical care, the 10th U.S. Circuit Court of Appeals ruled in Sanchez v. Vilsack (No. 11-2118 (10th Cir. Sept. 19, 2012)). Clarice Sanchez worked as a secretarial employee for the U.S. Forest Service. When she fell at work, she sustained brain damage […]
A new bill would require employers to provide reasonable accommodations for pregnant employees just as they do for those with disabilities. The Pregnant Workers Fairness Act, S. 3565, is modeled after the Americans with Disabilities Act and borrows some of its language. In the same way that ADA requires accommodations for workers with disabilities, it […]
by Mark I. Schickman Remembering that employment discrimination has been illegal for less than 50 years, workplace accommodation has come a long way. The first accommodation laws protected people with cancer, back when cancer was feared to be contagious. The law was put to the test when it was applied to protect people infected with […]
by Nancy Williams Just as private-sector workers are required to file an administrative charge of discrimination before filing a lawsuit under Title VII of the Civil Rights Act of 1964, federal employees also have prefiling requirements. In a disability discrimination case against the Equal Employment Opportunity Commission (EEOC), the 9th Circuit recently decided that the […]
Employees were given new rights to a secure and private place in which to express breast milk under a 2010 amendment to the Fair Labor Standards Act; however, that amendment does not give those employees a private right to sue their employers for failing to provide such a space. Instead, said the U.S. District Court […]
Since the enactment of the ADA Amendments Act (ADAAA) in 2009, commentators have been predicting a rise in disability claims. Statistics recently released by the Equal Employment Opportunity Commission (EEOC) show that those predictions have come true. In fiscal year 2011, the number of disability discrimination charges filed under the Americans with Disabilities Act (ADA) […]