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A federal challenge to a Wisconsin energy company’s employee wellness incentive was resolved April 5 with a $100,000 settlement. A federal court had thrown out the U.S. Equal Employment Opportunity Commission’s (EEOC) claim that the program violated the Americans with Disabilities Act (ADA), but allowed the EEOC’s related ADA retaliation and interference claims to proceed.
In this case involving police recruits who were injured during training at the Los Angeles Police Department’s (LAPD) Police Academy, the court confirmed that an employee may not be a qualified individual for purposes of a discrimination claim but may be a qualified individual for purposes of a failure-to-accommodate claim. The case also illustrates how an employer’s past practices can affect the scope of its duties to disabled employees under the California Fair Employment and Housing Act (FEHA).
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.
Question: What’s the appropriate process for terminating employees without a return-to-work date and no Long-Term Disability (LTD)?
An AT&T customer service representative (CSR) recently filed a lawsuit against her employer citing disability discrimination, but the employer, citing attendance as an essential job function of her position, claimed she was terminated for her frequent absences. Was the employee discriminated against? The 6th Circuit Court of Appeals—which covers Kentucky, Michigan, Ohio, and Tennessee—has the answer.
A federal district court has dismissed a website accessibility suit filed against Domino’s Pizza because the U.S. Department of Justice (DOJ) has not yet finalized regulations on the issue. The decision, however, does little to help businesses decide on a course of action, according to one expert.
By David Slaughter, JD Legislation introduced by a key House Republican would largely negate the U.S. Equal Employment Opportunity Commission’s (EEOC) wellness program rules, which plan sponsors have criticized for adding a duplicative layer of regulation to earlier standards set by other agencies. BLR® Senior Legal Editor David Slaughter, JD, has the facts in today’s […]
Question: We have an employee who is currently on FMLA leave has a brain tumor. She has been cleared by her doctor to return to work part time. Can we ask the employee to sign a waiver in case anything happens to her while at work? Answer from the experts at HR.BLR.com:
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. In our last installment, we covered the ADA and what happens […]
As you’ll recall in part one of this article, “Willow” a cancer survivor with long-lasting side effects, was terminated from her position at Medtronic. Medtronic cited poor performance, among other reasons, in its decision to terminate Willow. After a district court ruled in Medtronic’s favor, Willow appealed to the 8th Circuit.