Under Title VII, an employer can be held liable for a hostile work environment created by a supervisor. That situation differs from a hostile work environment created by a co-worker, where the company is liable only if the complainant can show that the company was negligent in discovering or remedying the situation. Recently, the 7th
November 2008
“Regarded as disabled” claim requires exclusion from range of jobs.
By Maria Danaher on
U.S. Circuit Court of Appeals found that an employer’s failure to rehire an individual after layoff, based on the employee’s opiate-based prescription medication, did not violate the ADA. However, in an example of the overlap between the ADA and the FMLA, the court allowed the employee’s FMLA retaliation claim to go forward to trial, based…