The 4th U.S. Circuit Court of Appeals has reversed a lower court’s summary judgment in favor of an employer who required a female employee to take a physical ability test after an on-the-job injury, even though it did not require such a test for similarly situated male employees. Merritt v. Old Dominion Freight Line Inc.
April 2010
Third Circuit says accommodation may include shift change that assists with commute to work.
By Maria Danaher on
Posted in ADA, Reasonable accommodation
In an unusual case of first impression, the 3d U.S. Circuit Court of Appeals has held that under certain circumstances, the ADA may obligate an employer to accommodate an employee’s disability-related difficulties in getting to work. In that case, the Court reversed summary judgment in favor of an employer and held that changing a part-time…
Impairment caused by medication’s side effects may be a disability, even if underlying condition is not.
By Maria Danaher on
Posted in ADA
The 3d U.S. Circuit Court of Appeals has ruled, consistently with the Seventh, Eighth, and Eleventh Circuits, that the side effects of medication may render an individual “disabled” for purposes of the Americans with Disabilities Act, even though the underlying condition for which the medication was prescribed does not. Sulima v. Tobyhanna Army Depot, 3d…
The IRS has developed a form affidavit to confirm that an individual is a “qualified employee” under the new HIRE Act.
By Maria Danaher on
Posted in Employment Laws
The Internal Revenue Service has developed a form (Form W-11) for use by employers to confirm that an employee is a qualified employee under the Hiring Incentives to Restore Employment (HIRE) Act. While it is acceptable to use a similar statement, such alternate statement will only be acknowledged by the IRS if it contains…