The 8th U.S. Circuit Court of Appeals recently held that jury was justified in finding that an employer is not required to engage in an onsite evaluation to interactively create a reasonable accommodation for a disabled employee, if a treating physician’s restrictions would prevent that individual from performing those essential functions at all. Hohn v.
March 2013
Facebook postings showing misuse of FMLA leave can form sufficient legal basis for termination.
By Maria Danaher on
Posted in FMLA
Based on the number of “Facebook” decisions from the National Labor Relations Board over the past two years, most employers understand that when employee Facebook postings constitute “protected activity” under the National Labor Relations Act, the postings can be legally protected. However, the NLRA is not the only federal law that can be implicated in…
“Reasonable accommodation” may include adjustments to work schedule, even beyond an agreed-upon flex-time schedule.
By Maria Danaher on
Posted in ADA, Reasonable accommodation
Employers are aware of the fact that the Americans with Disabilities Act (ADA) requires them to engage in an interactive process in order to determine whether a disabled individual can be accommodated to assist him or her in performing the essential functions of a job. In determining the essential functions of a position, most employers…