Tag Archives: disability

Employee’s failure to actively engage in interactive process supports dismissal of ADA claim.

The Americans with Disabilities Act (ADA) requires both a disabled employee and her employer to work interactively to identify reasonable accommodations for the disabled employee. The 7th U.S. Circuit Court of Appeals has underscored that requirement by dismissing the claims of an individual who, it found, failed to engage fully in the interactive process. Brown … Continue Reading

Interactive process is crucial element of analysis in disability discrimination cases.

Most employers recognize the fact that in addition to federal anti-discrimination laws, state and local laws – which often are more expansive – must be taken into account when making disciplinary and termination decisions related to protected individuals. In a case decided under New York state laws, that state’s highest court reversed summary judgment for … Continue Reading

Employee’s failure to return from FMLA leave in a timely manner supports summary judgment for employer under the ADA.

In an unpublished opinion issued on October 8, 2013, the 5th U.S. Circuit Court of Appeals upheld summary judgment in favor of an employer on a claim under the Americans with Disabilities Act (ADA). The interesting – and somewhat unexpected – basis of the decision was the fact that the plaintiff/employee’s termination was based upon … Continue Reading

Employee’s inability to work overtime is not a per se disability under the ADA.

The 4th U.S. Court of Appeals has dismissed an employee’s lawsuit, holding that the individual’s inability to work overtime hours was not a substantial limitation that would entitle him to the protections of the Americans with Disabilities Act (ADA). Boitnott v. Corning Incorporated, 4th Cir., No. 10-1769, February 10, 2012. Michael Boitnott, an employee of … Continue Reading

Non-impaired employee may be able to bring a claim under the ADA’s “associational disability” provision.

In an issue of first impression for the court, the 6th U.S. Circuit Court of Appeals has upheld the dismissal of an individual’s claim under the “associational discrimination” provision of the Americans with Disabilities Act. Stansberry v. Air Wisconsin Airlines Corp., 6th Cir., No. 09-2499, July 6, 2011. In that case, an employee claimed that … Continue Reading
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