Search

Search form

Testing Protocol for Lawful Drugs Illegal ADA Exam and Inquiry

A drug testing protocol for both legal and illegal drugs was an unlawful medical examination, and the follow up questions about lawful drug use were unlawful disability-related inquiries, according to a federal district court in Tennessee. Bates v. Dura Automotive Systems, Inc., (Aug. 29, 2011). The court rejected the company’s motion to set aside a jury … Continue reading Testing Protocol for Lawful Drugs Illegal ADA Exam and Inquiry
September 12, 2011

Rotating Assignments as an Essential Job Function under the ADA: The Cases of the Acrophobic Bridge Worker and Incontinent Court Reporter

Recall the incontinent court reporter. She had a steady assignment compatible with her medical condition until the chief judge required court reporters to rotate through all courtrooms.  In the lawsuit challenging the court reporter’s termination, the court held that rotating was an essential function of the court reporter’s job and because she could not do … Continue reading Rotating Assignments as an Essential Job Function under the ADA: The Cases of the Acrophobic Bridge Worker and Incontinent Court Reporter
September 11, 2011

Referring Mystic for Counseling Leads to ADA “Regarded As” Claim

When an employee complains of harassment, the employer response is to investigate and take appropriate remedial action. In Kagawa v. First Hawaiian Bank/Bancwest Corp., the employer responded accordingly and is now a defendant in an ADA “regarded as” claim. The plaintiff, a Senior Credit Analyst, alleged that she is a mystic, hears God’s voice directly, … Continue reading Referring Mystic for Counseling Leads to ADA “Regarded As” Claim
September 8, 2011

Courts Split on Employer’s ADA Obligation to Accommodate Commute

Reversing summary judgment for the employer, the Second Circuit said that “in certain circumstances, an employer may have an obligation to assist in an employee’s commute” to work as a reasonable accommodation.  The Court cited its observation in an earlier decision that “there is nothing inherently unreasonable…in requiring an employer to furnish an otherwise qualified … Continue reading Courts Split on Employer’s ADA Obligation to Accommodate Commute
September 6, 2011

Connecticut First to Impose Paid Sick Leave Requirement

Connecticut has become the only state to require employers to provide paid sick leave to  employees. On July 1, 2011, Governor Dannel Malloy signed into law Public Act No. 11-52, An Act Mandating Employers Provide Paid Sick Leave to Employees.    Beginning January 1, 2012, a covered employer must provide paid sick leave annually to each … Continue reading Connecticut First to Impose Paid Sick Leave Requirement
September 5, 2011

Who Cares, Where? Being There Required for FMLA “Caring For” Claim

Recall our recent posts about an employee who took the day off to clean his mother’s flooded basement and argued his absence was protected under the FMLA because he was “caring for” her, and about an employee who took two days off to provide “comfort and support” to his mother after she attended a friend’s … Continue reading Who Cares, Where? Being There Required for FMLA “Caring For” Claim
September 5, 2011

Vacationing on FMLA: Court Upholds Restrictions on Employee Travel During FMLA Leave

"FMLA abuse' 'medical leave abuse' 'vacationing while on leave'
May 22, 2011

Wisconsin Preempts Local Family and Medical Leave Laws, Voids Milwaukee Paid Sick Leave Ordinance

'preemption' 'local leave law' 'Milwaukee Paid Sick Leave Ordinance' 'paid sick leave'
May 16, 2011

Ohio Manufacturer Pays $120,000 to Settle EEOC Litigation with Caregiver Discrimination Allegations

'caregiver responsibilities' 'caregiver discrimination' 'associational discrimination'
May 9, 2011

Former Drug User May Be Current Drug User Under the ADA

It seems anomalous for an individual to be both a former and current user of illegal drugs at the same time. But perhaps not so anomalous under the ADA, according to the Tenth Circuit’s recent decision in Mauerhan v. Wagner Corporation. The ADA exempts from its protection those who are current users of illegal drugs, but … Continue reading Former Drug User May Be Current Drug User Under the ADA
April 26, 2011

Pages