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Airport Wheelchair “Miracles” Occurring Regularly

A passenger in a wheelchair being pushed to the front of the security and screening lines is a common sight at an airport. No one expects that after clearing security, that passenger is going to jump out of the chair and rush into the terminal, travel bags in hand. But that is occurring regularly and … Continue reading Airport Wheelchair “Miracles” Occurring Regularly
March 23, 2013

Common Sense and the ADA

From time to time, I ruminate about the relationship between common sense and the ADA. It might be when cogitating about whether showing up for work is an essential function of a job. Or when pondering whether a bridge worker with agoraphobia is a qualified individual with a disability. In framing arguments on such issues, … Continue reading Common Sense and the ADA
March 8, 2013

Arriving to Work on Time Might Not be An Essential Job Function under ADA

Arriving to work on time might not be an essential function if the late employee would still be able to complete his work in a timely manner, according to the Second Circuit Court of Appeals. McMillan v. City of New York (2nd Cir. March 4, 2013). The plaintiff, a case manager for NYC’s Human Resources … Continue reading Arriving to Work on Time Might Not be An Essential Job Function under ADA
March 5, 2013

Common Sense Prevails: Driving a Fire Engine is an Essential Function of a Firefighter’s Position

Sometimes common sense seems to provide the answer to an “essential function” question, but not always. For example, we posted recently about a case where the issue was whether hearing was an essential function of a lifeguard position. Common sense may suggest the answer is “of course” but then we noted that the lifeguard with … Continue reading Common Sense Prevails: Driving a Fire Engine is an Essential Function of a Firefighter’s Position
February 10, 2013

“Family Friendly America” Needs Expanded FMLA, National Partnership Says

For the 20th Anniversary of the FMLA, the National Partnership for Women and Families urges changes to provide more employees with more protected leave to “advance the FMLA’s promise of a family friendly America.” The amendments proposed include adoption of a national family and medical leave insurance program, funded by employer and employee contributions, to … Continue reading “Family Friendly America” Needs Expanded FMLA, National Partnership Says
February 9, 2013

Court Rejects FMLA Notice Claims of Employee AWOL for More than a Month

The Eighth Circuit has rejected a plaintiff’s claim that she provided sufficient notice of her need for FMLA leave although she failed to contact her employer for more than a month. Bosley v. Cargill Meat Solutions Corporation (8th Cir. February 5, 2013). On February 1, 2008, an employee with whom the plaintiff carpooled told the … Continue reading Court Rejects FMLA Notice Claims of Employee AWOL for More than a Month
February 9, 2013

Dishonesty Concerning Vacation While on FMLA Leave Leads to Termination

Recall our post concerning the employee on FMLA who went to Cancun to recover from surgery. The court upheld her termination for violating a rule that those receiving wage replacement benefits must stay in the immediate vicinity of their homes. Now comes a nurse on FMLA with a back and leg injury, collecting disability benefits, who … Continue reading Dishonesty Concerning Vacation While on FMLA Leave Leads to Termination
February 9, 2013

Relying on Poor Performance Caused by Disability to Deny ADA Accommodation “Troubling”; Turns “Reasonable Accommodation on its Head”

 To what extent may an employer deny a requested accommodation because of on an employee’s poor performance which is caused by a disability?  The Federal Reserve Bank of New York denied an employee’s request to telecommute or to relocate his office to a different Fed building because the employee had been rated as “below standards” in … Continue reading Relying on Poor Performance Caused by Disability to Deny ADA Accommodation “Troubling”; Turns “Reasonable Accommodation on its Head”
February 3, 2013

Is a Food Allergy a Disability under the ADA?

“It depends,” according to the U.S. Department of  Justice. “Some individuals with food allergies have a disability as defined by the ADA–particularly those with more significant or severe responses to certain foods. This would include individuals with celiac disease and others who have autoimmune response to certain foods, the symptoms of which may include difficulty … Continue reading Is a Food Allergy a Disability under the ADA?
January 26, 2013

Who Cares? DOL’s Roadmap on “Caring for” an Adult Child under FMLA

A parent otherwise eligible for FMLA leave can use that leave to care for a child 18 years of age or older, if that child (1) has a “disability” under the ADA; (2) is incapable of self-care due to that disability; (3) has a “serious health condition”  under the FMLA; and (4) needs care due … Continue reading Who Cares? DOL’s Roadmap on “Caring for” an Adult Child under FMLA
January 26, 2013

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