Blog Posts | Jackson Lewis

Disability Access Litigation and ComplianceBlog Posts

Swine Flu Snafu: ADA Claim Dismissed, Even if Plaintiff Had Swine Flu A plaintiff who thought she had the swine flu, and thought she had an ADA claim when she was terminated after four days of absence for the flu, had neither. Lewis v. Florida Default Law Group,P.L. (M.D. FL Sept. 15, 2011). The plaintiff was diagnosed with “seasonal flu” but “understood” she was diagnosed with the H1NI … Continue reading Swine Flu Snafu: ADA Claim Dismissed, Even if Plaintiff Had Swine Flu September 21, 2011	Second Circuit Applies Title VII Retaliation Standard to FMLA Retaliation Claims Add the Second Circuit to the chorus of circuits to apply the Supreme Court’s standard for Title VII retaliation claims to FMLA retaliation claims as well. In its 2006 Burlington Northern & Santa Fe Railroad Co v. White decision, the Supreme Court expanded the definition of “materially adverse employment action” for purposes of Title VII retaliation. … Continue reading Second Circuit Applies Title VII Retaliation Standard to FMLA Retaliation Claims September 19, 2011	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

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