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Disability Access Litigation and ComplianceBlog Posts

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	Huge Win for Employer Wellness Plans!! Employers who use financial incentives to motivate employees to complete health risk appraisals as part of their group health plans can breathe a little easier. Relying on the ADA’s "safe harbor" for insurance practices, a Florida federal district court has rejected a class action lawsuit challenging Broward County’s use of a $20 surcharge to motivate completion of a health … Continue reading Huge Win for Employer Wellness Plans!! April 12, 2011	Lights Out on Broadway; Court Extinguishes FMLA Retaliation Claim 'attendance' 'discipline' 'legitimate non-discriminatory reason' 'retaliation' April 7, 2011
6th Circuit Rejects Claim that Doctor’s Note Requirement is an Unlawful Disability Inquiry; Distinguishes “Nature of the Illness” from “General Diagnosis Nuance is important in legal analysis. A recent 6th Circuit case dealing with employer policies requiring an employee returning from sick leave to provide a doctor’s note illustrates the point. In Lee v. The City of Columbus, the 6th Circuit held that the Columbus Police Department’s requirement that the doctor’s note include the “the nature … Continue reading 6th Circuit Rejects Claim that Doctor’s Note Requirement is an Unlawful Disability Inquiry; Distinguishes “Nature of the Illness” from “General Diagnosis March 27, 2011

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