Category Archives: Leave and Disability

EEOC Files First ADA Lawsuit Against Employee Wellness Program

The first direct federal challenge to an employee wellness program’s legality under the Americans with Disabilities Act was filed Aug. 20 by the U.S. Equal Employment Opportunity Commission. The employer’s program did not qualify as “voluntary” under the ADA because…

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Forcing Pregnant Employee to Work then Firing her for Underperforming Raises FMLA Interference Claim, 11th Circuit Rules

An employee who was “forced” to work both during her pregnancy and immediately after her child’s birth, rather than take leave under the Family and Medical Leave Act, may have a viable FMLA interference claim when the employer later penalizes…

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‘Improper’ Request for Medical Proof Imperils Employer’s FMLA Defense

An employee who took “unexcused” leave from work when a dog bite turned into a serious health condition was fired after failing to submit medical certification forms in a timely manner. The deadline complied with the Family and Medical Leave…

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Federal Contractors’ FMLA Policies Face New Scrutiny from Executive Order

By Peter A. Susser     Federal contractors’ administration of family leave will face unprecedented scrutiny as a result of a new executive order from President Obama. The order requires the disclosure of labor law violations committed by would-be contractors,…

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Edginess About Ebola Points to Need for Pandemic Preparation

An outbreak of the deadly Ebola virus in Africa is causing concern in the United States, as the medical community and various organizations watch to see if the outbreak will be contained, or will spread globally. Although this situation is…

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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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