The Accommodation of the Incontinent Court ReporterMany reasonable accommodation cases are resolved in court but a court is not usually the defendant. But such was the case when a court reporter sued the Office of the Chief Judges of various Illinois circuit courts for failing to accommodate her incontinence. In Gratzl v Office of the Chief Judges of the 12th, 18th, … Continue reading The Accommodation of the Incontinent Court ReporterMay 24, 2010 |
A Case of Incompatible Reasonable AccommodationsTalk about a reasonable accommodation challenge. What is an employer to do when its accommodation of one employee’s medical condition triggers another employee’s medical condition? The New York Times reported recently that the City of Indianapolis faced such a situation recently and is now facing an EEOC “failure to accommodate” charge. According to the Times … Continue reading A Case of Incompatible Reasonable AccommodationsMay 24, 2010 |
Leave Mavens Now New EEOC CommissionersWatch for a continued focus on medical leaves at the EEOC since President Obama’s recent recess appointments have extensive backgrounds on leave issues. The EEOC has been challenging employers’ “inflexible” leave policies which, the EEOC alleges, do not appropriately consider the ADA’s reasonable accommodation requirements. Newly-sworn-in EEOC Commissioner Chai Feldblum, a former Georgetown University Law … Continue reading Leave Mavens Now New EEOC CommissionersMay 7, 2010 |
Smoke-Free Workplace Policies: Some Clarity and Consistency, PleaseThe Centers for Disease Control reported recently that tobacco use is the single most preventable cause of death and disease in the United States, causing about 443,000 deaths annually. The report adds that for every person who dies from tobacco use, another 20 have at least one tobacco-related illness. The report claims that “implementing smoke-free … Continue reading Smoke-Free Workplace Policies: Some Clarity and Consistency, PleaseMay 5, 2010 |
Return to Work Examinations: Does the ADA trump FMLA rules?An employee goes on FMLA leave unable to work temporarily due to uncontrolled diabetes. The employee’s essential job functions include driving a forklift and working with other dangerous machinery. Many in the workplace are aware of the situation because the employee lost consciousness while working and had to be transported to the hospital by ambulance. … Continue reading Return to Work Examinations: Does the ADA trump FMLA rules?May 3, 2010 |
Welcome to the Disability, Leave & Health Management BlogWelcome to our new Disability, Leave & Health Management Blog. Most would agree that health and family are the most precious things in life. Most employers recognize this but, as the saying goes, they “have a business to run.” In this blog, we hope to confront some of the more thorny legal and practical issues … Continue reading Welcome to the Disability, Leave & Health Management BlogMay 1, 2010 |
Limiting Light Duty to Work-Related Injuries: Is it Still Lawful?Many employers limit “transitional work” or “light duty” to individuals with work-related injuries. But is such a practice lawful? Most believe it is. Many years ago, in fact, the EEOC specifically endorsed the practice, with some caveats, in its Enforcement Guidance on the ADA and Workers’ Compensation. However, in a September 2009 EEOC press release … Continue reading Limiting Light Duty to Work-Related Injuries: Is it Still Lawful?April 30, 2010 |
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