Practical HR Tips, News & Advice. Updated Daily.
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 […]
The U.S. Equal Employment Opportunity Commission (EEOC) has sued an employer on an employee’s behalf, alleging that it fired him for complaining about discrimination on job-review site Glassdoor.com.
While the Americans with Disabilities Act (ADA) requires a wide array of accommodations for workers with disabilities, there are a few things that generally are not required because they fail the law’s “reasonableness” test. Among those are a promotion and a new supervisor.
An employee who accrued more than 7 weeks’ worth of unscheduled absences during her 50-week probationary period was not entitled to job protection under federal disability law, an appeals court has ruled.
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 […]
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 […]
The U.S. 8th Circuit Court of Appeals—which covers Arkansas, Iowa, Minnesota, Missouri, Nebraska, North Dakota, and South Dakota—recently reversed an Arkansas district court’s dismissal of a discrimination claim brought under the Americans with Disabilities Act (ADA) by a deceased employee’s estate.
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.
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 […]
When asked if they have health, auto, or home insurance, 80% of Americans say they have at least two types, but only a third of employed Americans (34%) reported they have disability coverage provided by their employer, according to a new survey conducted online by Harris Poll on behalf of OneAmerica®.