Blog Posts | Jackson Lewis

Disability Access Litigation and ComplianceBlog Posts

188 Reasons for Municipalities to Take the ADA Very Seriously 'Title II' 'access' 'web services' 'website' 'project civil access' March 3, 2011	Court Hangs Up on FMLA Claim of Employee Who Did Not Respond to Supervisor’s Fifteen Calls 'care for' 'request for FMLA leave' 'duty to make further inquiry' February 19, 2011	Chillin’ with the FMLA: Supervisor’s Weekly Phone Calls To Employee During Leave May Have Interfered with FMLA Rights 'FMLA interference' 'interference' 'supervisory's phone calls' 'chill' February 19, 2011
Who Cares? And Who Merely Assists Under the FMLA? Who cares…..for a covered family member under the FMLA as opposed to merely providing much appreciated assistance? The distinction is critical because absences “to care for” are protected by the FMLA while absences to assist are likely not. Recall our recent post about an employee who took the day off to clean his mother’s flooded … Continue reading Who Cares? And Who Merely Assists Under the FMLA? January 29, 2011	EEOC Reports Record Number of Discrimination Charges; ADA Charges Are Fastest Growing Category The EEOC reported a record number of private sector discrimination charges filed in FY 2010, nearly reaching the 100,000 mark. 99,922 charges were filed in FY 2010, an increase of 6,645 (7%) from FY 2009. The most frequently filed charges were retaliation (36%), race discrimination (35.9%), and sex discrimination (29.1%). Disability discrimination charges increased more … Continue reading EEOC Reports Record Number of Discrimination Charges; ADA Charges Are Fastest Growing Category January 12, 2011	Excusing Absences as a Reasonable Accommodation–Part 2 The "law" or "lore" requiring employers to accommodate employees by excusing absence has reshaped employer attendance and productivity expectations. Some say the law, as interpreted by the Equal Employment Opportunity Commission, goes too far and creates an elusive and unworkable standard for managing employee attendance and productivity.　 To assist our clients and contacts in separating … Continue reading Excusing Absences as a Reasonable Accommodation–Part 2 January 2, 2011
Breaks for Expressing Breast Milk Not FMLA Time Buried in the voluminous Health Care Reform Act is a requirement that employers provide reasonable break times and an appropriate place for nursing mothers to express breast milk for one year after the child’s birth. On December 21, 2010, the U.S. Department of Labor published a request for comment concerning the implementation of this requirement … Continue reading Breaks for Expressing Breast Milk Not FMLA Time January 1, 2011	Congress Confirms EEOC Recess Appointments; Disability and Leave Issues to Fare Prominently in 2011 'EEOC' 'GINA' 'ADA Amendments Act" "final rule' 'leave mavens' December 31, 2010	Cats and Dogs and the ADA 'cat's paw' 'dog breed discrimination' 'staub v. proctor hospital' ''service dogs' December 20, 2010
Class Certification Granted In ADA Challenge to Wellness Program The class action wave seems to have come ashore for employers using financial incentives to drive participation in wellness programs. Leveraging the uncertain legal environment we have discussed previously, a federal district court in Florida granted class certification to current and former employees charged a $20 bi-weekly surcharge for not participating in a "voluntary" wellness program requiring biometric testing (finger stick for glucose and cholesterol) and completion of an online health risk assessment. December 7, 2010

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