Category Archives: Leave and Disability

7th Circuit Won’t Rehear United Airlines ADA Reassignment Case

An appeals court won’t rehear a case in which it ruled that United Airlines was not required to reassign a worker with a disability because that accommodation would have violated its collective bargaining agreement’s seniority policy. The court also held…

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Thompson’s Top HR Stories of 2015

The start of a new year offers the opportunity to take stock, and to plan ahead. It’s anyone’s guess what 2016 will hold for human resources professionals, but looking back at the stories that drew the most interest from our…

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Littler Forecasts Top 10 EEOC Trends to Watch in 2016

Systemic investigations, hiring scrutiny and pregnancy discrimination are among the trends at the U.S. Equal Employment Opportunity Commission that employers should be looking out for in the coming year, according to attorneys at Littler Mendelson PC. A report issued by…

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Worker’s ADA Claim Fails Because Employer Treated Him ‘Reasonably’

A recent appeals court opinion illustrates that an employer that acts “reasonably” often will be in compliance with the Americans with Disabilities Act. The 7th U.S. Circuit Court of Appeals found that an employer had fulfilled its duties under the…

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Failure to Provide FMLA Notice to Employee Costs Employer $275K

A federal district court judge approved a consent decree requiring Staples to pay $275,000 for failing to notify an employee of his Family and Medical Leave Act leave rights to care for his critically ill wife over a period of…

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Erratic Attendance Not a Reasonable ADA Accommodation

An employer is not required to alter its attendance policy to allow erratic, extended and indeterminate leave as a “reasonable accommodation,” according to a federal district court in Texas. Accordingly, the employer did not violate the Americans with Disabilities Act…

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FMLA Status No Protection against Firing for Poor Performance

An employer did not engage in discrimination under the Family and Medical Leave Act when it fired an employee for performance issues, the 8th U.S. Circuit Court of Appeals held, at a time when the employee also was using intermittent…

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Increased Job Duties Fail to Support ADA, ADEA Charges

By Robert Teachout Changes in job duties and increased responsibilities that an employee claimed made his job “untenable” were not sufficient to be an adverse action under the ADA or the ADEA, the 8th U.S. Circuit Court of Appeals recently…

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Accommodation Was Not Reasonable, So ADA Lawsuit Against Law Firm Fails

A law firm did not violate the Americans with Disabilities Act by terminating an assistant who could no longer perform heavy lifting, a federal appeals court ruled. Heavy lifting was an essential function of the employee’s job and her inability…

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Employer Owes Employee an Effective Fix, Not His Preference

Employers are not required to grant an employee’s desired accommodation, the 2nd U.S. Circuit Court of Appeals has confirmed. Instead, they need only provide one that is effective. The court reached that conclusion in Noll v. IBM, No. 13-4096-cv (2nd…

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