Category Archives: Termination

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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Fired Employee Declined FMLA and Broke Attendance Rules

If an employee does not wish to take leave under the Family and Medical Leave Act but continues to be absent from work, then he or she must have a reason for the absence that is acceptable under the employer’s…

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UPS Attendance Policy Under Fire for Second Time

An automatic termination policy for employees taking more than 12 months of consecutive leave limits the ability of qualified individuals with a disability to return to work and may act as a “qualification standard” that violates the Americans with Disabilities…

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FMLA Leave Not a Reason for Discipline or Dismissal, Court Says

Employers must not impose probation on employees for excessive absences that include leave under the Family and Medical Leave Act. To do so is akin to using a disciplinary measure to penalize employees for taking qualified FMLA leave. So ruled…

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Failing to Engage in Interactive Process Not in Itself an ADA Violation

When an employer fails to participate in the interactive process of finding a workplace accommodation for an employee with a disability, that misstep can be used as evidence of discrimination. Such a failure is not, however, an ADA violation when…

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New ADA Compliance Guidance Covers Cancer, Diabetes, Epilipsy and Intellectual Disabilities

The agency responsible for enforcing the Americans with Disabilities has revised several of its guidance documents to reflect recent changes to the law. The May 15 changes were necessary because of the ADA Amendments Act, which expanded the law’s coverage…

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Employers Wise to Limit Job-related Calls to Employees on FMLA Leave

Employers need to know what distinguishes a professional courtesy — let’s say having an occasional job-related phone discussion with an employee on leave — from crossing the line and interfering with an employee’s rights under the Family and Medical Leave…

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Outback Steakhouse to Pay $65K for Firing Disabled Server

Outback Steakhouse will pay $65,000 to a server it fired because of his traumatic brain injury, according to the U.S. Equal Employment Opportunity Commission. The payment will settle a lawsuit EEOC filed on the server’s behalf. The commission alleged that John Woods…

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