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And Yet Another Multi-Million ADA Settlement Involving an Inflexible Leave Policy

There was this one, this one, and now yet another multi-million dollar settlement with the EEOC involving allegations that an employer had an inflexible leave policy. The EEOC announced that Dillard’s had agreed to pay $2 million as part of a consent decree to resolve the agency’s allegations relating to the company’s medical inquiries and … Continue reading And Yet Another Multi-Million ADA Settlement Involving an Inflexible Leave Policy
January 9, 2013

Temporary and Rotating Position Not “Vacant” for Purposes of ADA’s Accommodation of Last Resort

We haveposted previously about the ADA’s “accommodation of last resort”: when an employee cannot perform the essential functions of his or her position, with or without an accommodation, due to a disability, an employer must consider transferring the employee to a vacant lateral or lower position for which the employee is qualified. Whether a position … Continue reading Temporary and Rotating Position Not “Vacant” for Purposes of ADA’s Accommodation of Last Resort
January 7, 2013

Vegan Fired for Refusing Flu Vaccine Can Pursue Religious Discrimination Claim

Is vegan-ism a moral and ethical belief or a social philosophy or dietary preference, and what does this question have to do with disability, health and leave management at work? It starts with the flu and, in particular, a hospital’s requirement that all employees get a flu shot. Some health care employers have such a … Continue reading Vegan Fired for Refusing Flu Vaccine Can Pursue Religious Discrimination Claim
January 5, 2013

ADA Accommodation of Last Resort Heading to Court of Last Resort Again?

We posted previously about the Seventh Circuit holding in EEOC v. United Airlines that, in deciding whether a disabled employee who cannot perform the essential functions of his or her position is entitled to a vacant position as an accommodation under the ADA, the employer must disregard its policy of awarding positions to the best-qualified … Continue reading ADA Accommodation of Last Resort Heading to Court of Last Resort Again?
December 15, 2012

NLRB Says Employer Must Give Union Leave Data

Determining when to terminate an employee on a leave of absence for medical reasons is a challenge under any circumstances. No “inflexible” rules can be applied, not even “equal treatment.”  As part of its deliberations, an employer must make an individualized assessment to determine if, when, and under what circumstances an employee can return to … Continue reading NLRB Says Employer Must Give Union Leave Data
December 13, 2012

Swine Flu Snafu: Court Tosses ADA Perceived Disability Claim Based on Employer’s Mistaken Perception

The company told the plaintiff he was being terminated because it “feared that he had contracted swine flu while in Mexico for his sister’s funeral.” For a time, swine flu had been declared a public health emergency and medical authorities feared the worst. We now know that the swine flu hospitality and mortality profile is very similar … Continue reading Swine Flu Snafu: Court Tosses ADA Perceived Disability Claim Based on Employer’s Mistaken Perception
December 11, 2012

Congress Bans ‘Lunatic’

The House passed a bill striking the word ‘lunatic’ from federal laws. The Senate had previously passed a similar bill. According to the New York Times, the word derives from the Latin word for moon and stems from the “ancient beliefs that people could become ‘moonstruck’ by lunar movements.” Mental health groups supported the bill, according … Continue reading Congress Bans ‘Lunatic’
December 6, 2012

Who Cares? The Mom of a Special Needs Child Looking for New Childcare Cares

Reading Hospital assigns parking locations to employees based on seniority, department location and shift.  Caught using a purloined parking pass, plaintiff was reassigned to a remote parking location, which required her to take a shuttle bus from her worksite to her car at the end of the workday, which delayed her departure, which made her … Continue reading Who Cares? The Mom of a Special Needs Child Looking for New Childcare Cares
December 3, 2012

General Inquiry Not a “Medical Inquiry” under the ADA Despite Response Laden with Medical Information

An employer’s email to a “no call/no show” employee asking “what is going on” is not a “medical inquiry” under the ADA, according to the 7th Circuit.eeoc v. Thrivent Financial for Lutherans (7th Cir. Nov. 20. 2012).  The Court rejected the EEOC’s argument that the word “inquiries” in the “Medical Examinations and Inquiries” section of the … Continue reading General Inquiry Not a “Medical Inquiry” under the ADA Despite Response Laden with Medical Information
November 25, 2012

Lactation Discrimination is Not Unlawful Sex Discrimination

Lactation discrimination does not violate Title VII, according to a Texas federal district court in a case brought by the EEOC. EEOC v. Houston Funding II (S.D. Tex. February 2, 2012). The EEOC claimed the employer fired the worker because she wanted to pump breast milk at work. In granting summary judgment to the employer, … Continue reading Lactation Discrimination is Not Unlawful Sex Discrimination
November 18, 2012

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