Category Archives: Leave and Disability

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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EEOC Proposes 30-percent Limit for Wellness Incentives

Financial wellness incentives of up to 30 percent of coverage costs would be allowed under the Americans with Disabilities Act, based on rules proposed by the U.S. Equal Employment Opportunity Commission. This long-awaited guidance generally defers to HIPAA’s nondiscrimination rules,…

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Supreme Court Revives Pregnancy Accommodation Suit

The U.S. Supreme Court on March 25 vacated and remanded an appeals court ruling that the Pregnancy Discrimination Act does not require employers to accommodate pregnant employees. In Young v. UPS, the 4th Circuit held that UPS did not violate the…

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‘Choose Child or Job’: Manager’s Comment Sends ADA Suit to Trial

A manager’s comment has allowed an employee to keep her disability discrimination claim alive, according to a recent court ruling. In Manon v. 878 Education, LLC (No. 12-cv-3476 (March 4, 2015)), a worker alleged that she was fired because her daughter has…

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