Blog Posts | Jackson Lewis

Disability Access Litigation and ComplianceBlog Posts

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
Appeals Court Resuscitates Deaf Lifeguard’s ADA Accommodation Claim Is a deaf person qualified to be a wave pool lifeguard? Before answering, consider that the lifeguard holding the record for most “saves”–more than 900–is Leroy Columbo, who was a deaf man. In Keith v. County of Oakland (6h Cir. January 10, 2013), the plaintiff, deaf since birth, had completed the County’s lifeguard training programs … Continue reading Appeals Court Resuscitates Deaf Lifeguard’s ADA Accommodation Claim January 12, 2013

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