Showing 3 posts from October 2018.

Uniform Application of Employment Policies Leads to Positive Outcome in Employee’s Suit

The Seventh Circuit Court of Appeals recently explained that an employee’s inconvenience from a neutral workplace policy or the employer’s discretionary denial of benefits cannot support a claim under the Americans with Disabilities Act (“ADA”), Title VII of the Civil Rights Act (“Title VII”), or the Family Medical Leave Act (“FMLA”). More ›

Illinois District Court Weighs in on Essential Functions Under the ADA

A central tenet of the Americans with Disabilities Act is that an employee must be a qualified individual with a disability to receive its protections. A qualified individual with a disability must be able to perform the essential functions of the position with or without a reasonable accommodation. While an employer may modify the duties for an employee to accommodate medical restrictions, this does not mean the essential purpose of the original job must change. The Northern District of Illinois recently addressed this issue in a case involving a Chicago police officer. The officer had suffered several disabling strokes. For years, she worked in a light duty assignment taking police reports over the phone. More ›

Be Prepared: New Jersey's Broad Paid Sick Leave Law Effective October 29, 2018

Effective October 29, 2018, the New Jersey Paid Sick Leave Law will require that all private sector employers, regardless of size, provide forty (40) hours of paid sick leave each benefit year to employees working in New Jersey. If the employer already offers a minimum of 40 hours of paid time off, the employer is in compliance with the law as long as employees can use the time for the purposes stated under the law, e.g., personal days, vacation days, or sick days. If the employer is not currently offering this benefit, here are some of the things the employer needs to know in order to fashion a compliant policy: More ›