Category Archives: Leave and Disability

EEOC: Pregnant Employees Entitled to Accommodation

Pregnant employees are entitled to workplace accommodations, according to new guidance issued July 14 by the U.S. Equal Employment Opportunity Commission. Because the Pregnancy Discrimination Act requires that employers treat pregnant employees the same as other workers “not so affected…

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Push for Parental Leave Grows Due to More Family-friendly Workplaces

A trending workplace issue — paid leave for parents of newborns — could soon become a legal mandate for employers. This article summarizes activity at the state level, what’s going on at the federal level, and what employers should do as they…

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EEOC Plans Disability Hiring Goal for Federal Employers

The U.S. Equal Employment Opportunity Commission announced May 15 its intent to issue regulations that create a plan for federal employers to serve as “model employers” of workers with disabilities — a plan that may include a hiring goal, according…

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EEOC Lawyer Says Leave Is a Very Reasonable ADA Accommodation

While most courts agree that coming to work regularly is an essential job function, many courts also have found that leave for a specified period of time is a reasonable accommodation if it does not cause an undue hardship. Chai Feldblum, a commissioner…

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10 Valuable Tips for FMLA, ADA Compliance

Here is a “Do” and “Do Not” list based on the outcome of 10 claims for interference and retaliation filed by the U.S. Department of Labor or aggrieved employees that the courts have tried in the first four months of…

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Obesity Can Be a Disability, Court Rules

An employee’s obesity may be a disability covered by the Americans with Disabilities Act, a federal district court has held. The employer challenged the claim, arguing that the ADA does not cover obesity, but the court disagreed, refusing to dismiss…

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Penalties Await Plans That Ignore ACA’s High-litigation Risks

Employers have cited complying with the Affordable Care Act as their number one concern in surveys, and that wouldn’t be the case if there weren’t taxes and money penalties backing it up. This is true even though the government postponed…

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Downsized Employee with Lupus Advances ADA, FMLA Claims

An Oklahoma receptionist diagnosed with Lupus less than two months before losing her job to a reduction in force has advanced her state and federal disability bias and retaliation claims against her former employer following a federal district court ruling….

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Requiring Notes for Each Intermittent FMLA Absence Could Be Improper

A company’s policy of requiring a doctor’s note for each intermittent absence under the Family and Medical Leave Act violates FMLA because the policy directly conflicts with FMLA’s recertification procedure. So ruled a federal district court in a consolidation of cases…

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Firing of Formerly Drug-addicted Pharmacist Okay Under ADA

Wal-Mart has successfully defended a putative class action alleging that its failure to employ former drug addicts as pharmacists violates the Americans with Disabilities Act. The retailer was able to show that the lead plaintiff was fired because he was…

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