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Lactation is a “Medical Condition” Protected by Title VII and PDA

It comes down to the definition of "medical condition." The Pregnancy Discrimination Act, an amendment to Title VII,  prohibits discrimination based on "pregnancy, childbirth, or related medical conditions." Lactation is none of these, a federal district court held last year, granting summary judgment to the employer. See our post of that decision here. Reversing that … Continue reading Lactation is a “Medical Condition” Protected by Title VII and PDA
June 10, 2013

“I am Resigning” is Not a Request for FMLA Leave

Is a resignation a request for FMLA  leave? Of course not most would say, but it  depends on whether you ascribe to words their plain meanings.  One of the more well-known  exchanges concerning the meaning of words occurred between Humpty Dumpty and Alice in "Through the Looking Glass." “When I use a word…‘it means just … Continue reading “I am Resigning” is Not a Request for FMLA Leave
June 10, 2013

When Office Romances Go Wrong: Court Holds Mandatory Psychological Counseling Does Not Violate the ADA

In a case with facts more akin to a soap opera than a lawsuit, a federal court in Michigan granted summary judgment to an employer, WLAA, who required an emergency medical technician to undergo psychological counseling as a condition of continued employment. Kroll v. White Lake Ambulance Authority, (W.D. Mich., May 22, 2013) Summary judgment … Continue reading When Office Romances Go Wrong: Court Holds Mandatory Psychological Counseling Does Not Violate the ADA
June 5, 2013

DOJ Says Don’t Make Disabled Passengers Call In Advance for A Bus Ride

The U.S. Department of Justice (DOJ) has reached a settlement with DeCamp Bus Lines, a New Jersey transportation company, to ensure that bus transportation is provided on equal terms to people with disabilities.  The DOJ determined that DeCamp Bus Lines violated Title III of the Americans with Disabilities Act by requiring that passengers with disabilities … Continue reading DOJ Says Don’t Make Disabled Passengers Call In Advance for A Bus Ride
May 29, 2013

Who Cares for Whom? FMLA Inclusion Act Not Quite All Inclusive

The proposed Family and Medical Leave Inclusion Act would allow an employee to take time off to care for an expanded list of covered relationships, including a same sex partner, a domestic partner, parent-in-law, adult child, sibling, grandchild or grandparent.  The FMLA already allows an eligible employee to take time off to care for a … Continue reading Who Cares for Whom? FMLA Inclusion Act Not Quite All Inclusive
May 23, 2013

EEOC’s Record Jury Verdict of $240 Million in ADA Turkey Farm Case Reduced to $1.6 Million

In what the EEOC has called “one of its finest moments” in its effort to “combat employment discrimination,” a jury awarded $240 million to 32 individuals in an ADA case brought by the EEOC. It was the EEOC’s largest jury verdict ever. The award for compensatory and punitive damages amounted to $7.5 million per individual. … Continue reading EEOC’s Record Jury Verdict of $240 Million in ADA Turkey Farm Case Reduced to $1.6 Million
May 19, 2013

EEOC Brings GINA Class Claim Challenging Family Medical History Inquiries

The EEOC has brought a class action under the Genetic Information and Nondiscrimination Act (GINA) against a nursing and rehabilitation center, alleging that the defendant-employer "requires a class of applicants and employees to provide genetic information in response to questions about family medical history" as part of its pre-employment, return-to-work and annual medical exams of … Continue reading EEOC Brings GINA Class Claim Challenging Family Medical History Inquiries
May 19, 2013

Mammography Tech with Epilepsy Unqualified under ADA Because Unconscious During Seizures

A mammography tech with epilepsy is not a qualified individual with a disability under the ADA because she cannot perform the essential functions of her job "during the indefinite periods in which she was incapacitated," according to the Eighth Circuit Court of Appeals. Olsen v. Capital Region Medical Center (8th Cir. May 7, 2013). We … Continue reading Mammography Tech with Epilepsy Unqualified under ADA Because Unconscious During Seizures
May 18, 2013

EEOC Issues Revised Guidance on ADA’s Application to Certain Disabilities

On May 15, 2013, the EEOC issued revised “Q & A” documents addressing how the ADA applies to job applicants and employees with cancer, diabetes, epilepsy and learning disabilities.  http://www.eeoc.gov/eeoc/newsroom/release/5-15-13.cfm Each of the revised Q & A documents also answers questions about topics such as: when an employer may obtain medical information from applicants and … Continue reading EEOC Issues Revised Guidance on ADA’s Application to Certain Disabilities
May 17, 2013

Flexible Work Schedule Not a Reasonable Accommodation under ADA When Punctual, Regular Attendance is an Essential Function

A flexible work schedule is not a reasonable accommodation if it will not allow the employee to perform the essential functions of her job, which can include regular and punctual attendance, according to the Tenth Circuit. Murphy v Samson Resources Co. (10th Cir. May 8, 2013). The court affirmed summary judgment in favor of the … Continue reading Flexible Work Schedule Not a Reasonable Accommodation under ADA When Punctual, Regular Attendance is an Essential Function
May 13, 2013

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