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Disability Access Litigation and ComplianceBlog Posts

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ADA, FMLA Collide at Wisbey and Carmona

  The ADA and FMLA collided in two cases recently and, whenever that occurs, accident reconstruction, so to speak, is in order. In Wisbey v. City of Lincoln, NE, emergency dispatcher Wisbey was granted intermittent FMLA leave for the "next 6 months or longer" because of depression and anxiety. Her FMLA paperwork prompted the City … Continue reading ADA, FMLA Collide at Wisbey and Carmona
July 19, 2010

Electronic Book Readers Must Meet ADA Accessibility Requirements, says DOJ

  Emerging technology clashes with ADA accessibility requirements, as the U.S. Department of Justice and U.S. Department of Education warn colleges and university about requiring classroom use of electronic readers. In an open letter to college and university presidents, the federal departments "express[ed] concern" that some electronic book readers "lack an accessible text-to-speech function," making … Continue reading Electronic Book Readers Must Meet ADA Accessibility Requirements, says DOJ
July 6, 2010

Reassignment as a Reasonable Accommodation under the ADA: It Depends on Your Definition of “Vacant”

'reasonable accommodation' 'vacant' 'reassignment'
July 6, 2010

Burning Down the House: Considering the “Worst Case Scenario” In Determining Whether an Obese, Diabetic Employee is Qualified

  We readily conceded that our recent post concerning the Hooters waitress placed on “weight probation” was “not your typical weight discrimination” case. Here is a more typical one, which also addresses whether an employer may consider the “worst case scenario,” so to speak, in determining whether an employee is a qualified individual with a … Continue reading Burning Down the House: Considering the “Worst Case Scenario” In Determining Whether an Obese, Diabetic Employee is Qualified
July 3, 2010

Employee Rejects FMLA Leave Offer, Resigns, Claims Employer Denied Him Leave and Failed to Accommodate His Depression

  Sometimes it is unclear whether the employee is requesting leave that might be covered by the FMLA. This is not one of those situations. In Kobus v. The College of St. Scholastica, Inc., when the plaintiff told his supervisor in November 2006 that he would need to take time off for “stress and anxiety,” the … Continue reading Employee Rejects FMLA Leave Offer, Resigns, Claims Employer Denied Him Leave and Failed to Accommodate His Depression
June 29, 2010

Cleaning Mom’s Flooded Basement Is Not “Caring for” Mom Under FMLA

  Cleaning mom’s flooded basement is not “caring for” mom under the FMLA, according to a Michigan federal district court. Because the three days of flood cleaning were not excused by the FMLA, the employer did not violate the FMLA by terminating plaintiff’s employment under its  absence policy, according to the court. In Lane v. … Continue reading Cleaning Mom’s Flooded Basement Is Not “Caring for” Mom Under FMLA
June 27, 2010

Leave as a Reasonable Accommodation Under the ADA

  Complying with the myriad of laws affecting medical leave continues to be a significant and growing challenge for employers. Making the decision whether and when to terminate an employee on medical leave is perhaps the most challenging, and carries significant risk. The EEOC’s recent challenges to “inflexible” leave policies–which resulted in a “record-setting” $6.2 … Continue reading Leave as a Reasonable Accommodation Under the ADA
June 23, 2010

DOL “Interpretation” of FMLA Rules Expand Protections for Non-Traditional Families

The U.S. Department of Labor issued today an Administrator’s Interpretation of the FMLA Regulation defining "in loco parentis" relationships as part of the FMLA’s definition of "son" or "daughter".  Is this "big news" and, if so, why?   One could always argue that individuals standing ‘in loco parentis" to a child covered under the FMLA could take FMLA leave for the birth or adoption … Continue reading DOL “Interpretation” of FMLA Rules Expand Protections for Non-Traditional Families
June 22, 2010

Within Range But Overweight? Not Your Typical Weight Discrimination Case

  Some call obesity the next smoking, meaning that now that employers have had a multi-faceted attack on reducing health costs related to smoking, they will move on to obesity.  The CDC reports that about 34% of U.S. adults are obese, while about 20% of adults smoke. The rate of obesity has been growing rapidly, … Continue reading Within Range But Overweight? Not Your Typical Weight Discrimination Case
June 7, 2010

Can Wellness Programs Address Growing Obesity Risks During Pregnancy?

Citing research from the Centers for Disease Control and Prevention, on June 5, 2010, the New York Times reported that one in five women are obese when they become pregnant.  The article states "obesity might be contributing to record-high rates of Caesarean section and leading to more birth defects and deaths for mothers and babies."  As well illustrated in the NYT … Continue reading Can Wellness Programs Address Growing Obesity Risks During Pregnancy?
June 7, 2010

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