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In a recent decision, the U.S. 5th Circuit Court of Appeals—which covers Louisiana, Mississippi, and Texas—addressed claims brought under the Americans with Disabilities Act (ADA) by an employee who had a noticeable stutter. The employee alleged his employers failed to accommodate his disability and subjected him to a hostile work environment.
An employer provided additional training to an employee with documented performance problems, but when her performance slipped again, she was fired. Noting that the termination occurred shortly after she took medical leave, the employee claimed that she was fired in retaliation for exercising her rights under the Family and Medical Leave Act (FMLA).
As valuable as email, texting, and social media are to employers, their use doesn’t come without risk for employers.
Massachusetts Gen. L. Ch. 151B is the state statute that prohibits discrimination based on disability, and the interpretation of that statute sometimes differs from the federal Americans with Disabilities Act (ADA). One area where the two statutes diverge is an employer’s obligation to transfer an employee to a vacant position.
The U.S. 7th Circuit Court of Appeals—which covers Illinois, Indiana, and Wisconsin—recently decided an interesting and complex case involving allegations of age discrimination. Retirees who continued to work part-time for an Indiana county argued the county violated the Age Discrimination in Employment Act (ADEA) when it terminated them to save money on health insurance benefits.
U.S. Attorney General Jeff Sessions’ announcement changing his department’s position on transgender employment discrimination marks a change in the legal landscape, but it doesn’t alter employer obligations under various state and local laws or the position taken by other federal agencies.
Employers can better manage the health and cost burdens of musculoskeletal disorders by implementing prevention strategies such as ergonomics training and movement-friendly workplace design, providing onsite physical therapy for those with acute or chronic pain, and paying for surgery with bundled pricing, says a new report from Northeast Business Group on Health (NEBGH).
The New Jersey Supreme Court recently permitted a disabled nurse to proceed to trial on her claim that the termination of her employment constituted disability discrimination. The court based its decision on a factual dispute over the physical requirements of the nurse’s job, her employer’s apparent failure to consider potential accommodations for her disability, and […]
A new Mercer survey has found that only 35% of employers favor a full repeal of the Affordable Care Act (ACA), while 51% actually oppose it (and 14% have no opinion). Instead, the survey found that employers prefer smaller changes to the law.
Employers often struggle with the Americans Disabilities Act’s (ADA) requirement to provide leave as a reasonable accommodation for an employee with a disability. How much leave is required? Is it ever okay to terminate an employee who requests leave? In a recent decision, the 7th Circuit Court of Appeals provides some solid answers to employers […]