12-Month Leave Extension Not Reasonable Under ADA, 1st Circuit Says
An employee was not entitled to a 12-month leave extension as an Americans with Disabilities Act (ADA) accommodation, a federal appeals court has ruled.
Tag: accommodation
ADA and FMLA Best Practices Pay Off for Cash-Handling Company
The U.S. 5th Circuit Court of Appeals (which covers Louisiana, Mississippi, and Texas) recently upheld a jury’s verdict in favor of an employer on an employee’s lawsuit under the Americans with Disabilities Act (ADA) and the Family and Medical Leave Act (FMLA). The verdict was the result of several things the employer did correctly in response to the employee’s medical issues. This case is worth another look.
Ask the Expert: Can We Terminate Employee with No Return to Work Date?
Question: What’s the appropriate process for terminating employees without a return-to-work date and no Long-Term Disability (LTD)?
Religious Discrimination Hazards on the Rise
Religious discrimination hasn’t been a major concern for employers in recent years. There’s little case law on the subject and religious-based complaints rank low in the government’s charge statistics. But recent trends call for a renewed look at the issues surrounding religion in the workplace, one expert says.
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 […]
Job Description Can’t Do the Heavy Lifting in Determining Employee’s Essential Functions
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 […]
When Does ADA Leave Become ‘Indefinite’?
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.
First-Class Plane Ticket Not a Required ADA Accommodation, Court Says
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.
FMLA: California Employer Put Up with Performance, Attendance Issues Long Enough
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.
Twins for Clooneys! How to manage pregnant employees who aren’t gazillionaire celebs
A-list celebrity George Clooney, long considered Hollywood’s most eligible bachelor, surprised the world when he married international human rights lawyer Amal Alamuddin back in 2014 after decades of assuring journalists, adoring fans, and a slew of ex-girlfriends that he would never, ever tie the knot a second time. Apparently, George also had a change of […]