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Showing 22 posts in Disability.

EEOC Issues Final Regulations on Wellness Programs

Employers who provide employees with incentives to encourage healthy behavior must contend with an alphabet soup of federal law — ERISA, GINA, HIPAA, the ACA, the ADA, just to name a few. Earlier this week, the EEOC weighed in and finalized its latest guidance on how employer wellness programs should be structured. These final regulations largely adopt the proposed regulations that were issued in 2015. More ›

Knock-Knock, Who’s There? The EEOC: When the EEOC’s can Investigate an Employer’s Premises Without Prior Consent

When the EEOC investigates a charge of discrimination, it may employ one of several investigatory methods, including site inspections.  In EEOC v. Nucor Steel Gallatin, Inc., a case of national first impression, a Kentucky district court considered whether to enforce a subpoena requiring the employer to provide on-site access to conduct witness interviews, examine the facility, and obtain additional information relating to the position the complainant applied for, or alternatively, to require the EEOC to obtain an administrative warrant.   More ›

Employee’s Inability to Meet Job’s Attendance Requirements Divests Her of ADA Protections Sixth Circuit Holds

The converging paths of the Family Medical Leave Act’s (FMLA) and the Americans with Disabilities Act (ADA) ranks among the most difficult legal issues for employers to safely traverse. Employers should think twice before terminating an employee who cannot return to work after 12 weeks of FMLA leave. This is because courts across the country have held that additional leave may be a necessary reasonable accommodation under the ADA. The question then becomes, how much additional leave does one need to provide an employee before he or she is no longer protected by the ADA. More ›

Haze Lifting on Employer's Rights and Medical Marijuana

The fast expansion of the medical marijuana movement has brought with it growing confusion on the line between a workers' rights to take advantage of the rights afforded by these state statutes and an employer's right to enforce its anti-drug policies. Last week, a New Mexico District Court decision added to the recent list of decisions to tackle this issue and, in doing so, came down on the side of the employer. More ›

Seventh Circuit Reiterates Standard for Establishing Substantial Limitation on the Ability to Work

It goes without saying that an employee cannot prevail on a disability discrimination claim unless he is actually disabled. In the context of the Americans with Disabilities Act (ADA), this means that he must show that a disability “substantially limits” one or more of his “major life activities.”  Predictably, plaintiffs often allege that the “major life activity” that their disability has impacted is the activity of “working." Thus, an important question for employers is this: when does a disability actually limit an employee’s ability to work? More ›

Lie Rejecter: Employer's Fraud Defense to Disabled Employee's Claim Fails

It's no secret that in formulating their defense to employment claims, employers often seek to discredit employees' allegations through the employees' own contradictory statements or positions taken. This issue arises most frequently in the disability discrimination context, where, to prevail, an employee must prove that he was able to perform the essential functions of his position, with or without accommodation. But if the employee has sworn to another entity, agency, or court that he is disabled and therefore incapable of working (so that he can get certain unemployment or disability benefits, for example), does this seemingly obvious contradiction sound the death knell on his discrimination claim? Maybe not. More ›

Supervisor not "Qualified Individual" Under ADA after Failing DOT Medical Certification

Determining the essential functions of a job can be tricky, especially if there is no information or documentation with which to compare and consider. In this case, the U.S. Court of Appeals for the Tenth Circuit considered job qualifications in the context of essential functions, and ultimately found that the employee failed to demonstrate that he was qualified or could perform the essential functions of his position after failing a required DOT medical certification. As a result, he could not maintain his ADA claim against his former employer.  More ›

Employer's "Super Policy" Against Harassment Requires Employer to Protect Employee Beyond that Which is Required by Law

A Costco employee suffered from Tourette's syndrome and made complaints to management about the way his supervisors and others were treating him. He later filed charges with the Connecticut Human Rights Organization as well as suit in federal district court, claiming that he was subjected to a hostile work environment and retaliation in violation of the Americans with Disabilities Act and corresponding state statutes. He also claimed breach of contract and promissory estoppel.  More ›

The ADAAA Strikes Again: Fourth Circuit Finds that Employee's Simple, Temporary Knee Injury was w Disability

In a first-of-its-kind decision at the federal appellate level, the Fourth Circuit last week decided whether a temporary, non-recurring impairment can be a disability under the ADA as amended by the 2008 ADA Amendments Act (ADAAA). Unsurprisingly, the court found that it could. More ›

Federal Court: Teacher’s Anxiety About Losing her job was an ADA Disability

Could an employee’s anxiety over the possibility of being fired be a disability under federal law?  Yes it can, according to one federal court in South Dakota. More ›

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