Tag: ADA

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 […]

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.

Arizona

Does the ADA Protect a Nondisabled Employee Who Requests an Accommodation?

The Americans with Disabilities Act (ADA) forbids discrimination in employment based on disability and requires employers to provide reasonable accommodations to their employees’ disabilities. The ADA also prohibits retaliation against those who seek reasonable accommodations or protection under the Act. But does the ADA protect an employee without a disability who requests an accommodation? The […]

Texas

Texas TV Station Gets Cloudy Reception from Court on ADA Claim

As a child, you probably played a game in which one child whispers a “secret” into the ear of another child. The second child then whispers the secret into the ear of a third child and on and on until the last child in the circle whispers the secret into the ear of the first […]