Category Archives: ADA

When Providing 12 Weeks of Leave Is Not Enough: Trucking Company Pays $300,000 To Settle EEOC Suit

According to a September 2015 press release issued by the U.S. Equal Employment Opportunity Commission (EEOC), CTI, Inc., a regional trucking company based in Tucson, Arizona, will pay $300,000 and furnish other relief to settle a disability discrimination lawsuit filed … Continue reading

Posted in ADA, Arizona, Discrimination, EEOC, Employee Policies & Procedures, Family Leave, FMLA, Reasonable Accommodation | Leave a comment

Four Legal and Managerial Priorities When Implementing a Remote Workforce Strategy

As more Americans have embraced a “mobile” technology culture, many employers have embraced the cultural shift and begun utilizing a remote workforce. Opinions regarding the benefits and drawbacks of the virtual office and remote workplace abound among workers and businesses … Continue reading

Posted in ADA, BYOD, Data Security, Employee Policies & Procedures, Fair Labor Standards Act, FLSA/Overtime, FMLA, Interstate Operations, Medical Leave, Privacy, Wage and Hour | Leave a comment

Fifth Circuit Establishes “Snapshot” and Contemporaneous Documentation Requirements for Employers

The Fifth Circuit recently issued a decision that impacts joint employer liability, perceived disability under ADAAA and the dangers of revisiting employee performance reviews. Michael Maslanka, a regular contributor to Texas Lawyer, wrote an article last month called, “L&E Plaintiff … Continue reading

Posted in ADA, ADAAA, Disabilities, Employee Policies & Procedures, Employment Contracts, HR, Joint-Employer, Performance Reviews, Texas | Leave a comment

Co-worker Safety Trumps Employee’s Right to Disability Accommodation After Making Death Threats

Employers’ hands are often bound when balancing workplace morale with their duty to accommodate employees with mental or behavioral health issues. However, the U.S. Court of Appeals for the Ninth Circuit recently clarified the limit of the employer’s duties in … Continue reading

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An Employer’s Effective Accommodation Under The ADA Need Not Be An Employee’s First Choice

The Second Circuit recently affirmed the Southern District of New York’s grant of summary judgment to technology giant IBM, finding that the provision of real-time, on-call American Sign Language interpreters and/or written transcripts to a deaf software engineer was an … Continue reading

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Colorado Supreme Court Subordinates Employee Rights to Employer Policies on Medical Marijuana

The Colorado Supreme Court ruled on June 15, 2015 that an employee of Dish Network who was terminated in 2010 for failing a company marijuana test was fired legally, despite the fact that Colorado law allows individuals to use marijuana … Continue reading

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Texas Federal Court Specifies That Disabled Employees Must Ask For An Accommodation

In November 2014, a Federal Court in Houston issued a significant opinion related to employees requiring an accommodation for a disability. In Sumpter v. American Bottling Company et. al., the court held that an employee seeking an accommodation must explain … Continue reading

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Being Cantankerous And Having Trouble Getting Along With Co-Workers Not An ADA Disability, Even In California

In Weaving v. City of Hillsboro, the U.S. Court of Appeals for the Ninth Circuit found that an employer’s termination of an employee who had recurring interpersonal problems with his co-workers, that were purportedly attributable to attention deficit hyperactivity disorder … Continue reading

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Former Employee to Receive $72,500 in Settlement of EEOC Disability Lawsuit

Lifecare Medical Services has agreed to pay $72,500 to a former employee and take other remedial actions to settle an EEOC lawsuit alleging it violated the Americans with Disabilities Act by refusing to provide a reasonable accommodation to the employee, … Continue reading

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Telecommuting No Longer “Unusual” ADA Accommodation Due to Advances in Technology

In EEOC v. Ford Motor Co., the U.S. Court of Appeals for the Sixth Circuit held that allowing an employee to telecommute up to four days a week was a reasonable accommodation for an employee with irritable bowel syndrome under … Continue reading

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No Nexus Is Required Between Requested Accommodation and Job Functions Under The ADA

In a significant opinion, the U.S. Court of Appeals for the Fifth Circuit in Feist v. State of Louisiana, No. 12-31065 (5th Cir. Sept. 16, 2013), held that the ADA does not require a link between a requested accommodation and … Continue reading

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Plaintiff is Not “Qualified” Under the ADA after Refusing Accommodation

A Plaintiff who refused to wear a partial face mask was deemed not a “qualified individual” under the Americans with Disabilities Act in this opinion by the Third Circuit Court of Appeals. Silvia Yovtcheva worked for the City of Philadelphia … Continue reading

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Receiving FMLA Benefits is Not Enough; You Have to Ask for Them

It is not enough to have a condition providing benefits under the FMLA.  In the Western District of Virginia, employees must ask for their leave benefits, or they cannot bring an FMLA interference claim. More after the break.

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New England Patriots Cut Defensive End Because He Has Diabetes

In a brash move – even by Patriots standards – defensive tackle Kyle Love was cut by the New England Patriots because he of his medical condition, diabetes.  The Pats cut Love just two weeks after his diagnosis with Type … Continue reading

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Employer Not Required To Permit Indefinite Exemption From Essential Functions Of Job As Reasonable Accommodation

In Robert v. Board of County Commissioners of Brown County, Kansas, et al., the United States Court of Appeals for the Tenth Circuit recently held that an employer’s decision to discharge an employee when she was indefinitely unable to return … Continue reading

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