Although the Americans with Disabilities Act (ADA) protects qualified individuals who may be perceived as having a disability, that Act does not protect individuals who may be perceived as possibly becoming disabled in the future. EEOC v. STME, LLC, 11th Cir., No. 18-11121, 9/12/19.

Kimberly Lowe began working as a massage therapist at Massage

Workplace burnout has been designated by the World Health Organization (WHO) as an “occupational phenomenon.” Employers should begin to formulate and implement mechanisms for dealing with the issue.

The World Health Organization:

WHO is headquartered in Geneva, Switzerland, and is a part of the United Nations that focuses on global health issues. The WHO has

The Americans with Disabilities Act (ADA) requires that employers reasonably accommodate employees with disabilities, including allowing modified work schedules when appropriate. One federal appellate court has addressed that issue, overlaid with the question of accommodating an employee’s postpartum depression after FMLA leave, and has held that a lower court wrongly concluded that full-time presence was

Is additional time off after a leave of absence a “reasonable” accommodation? The answer is unclear, and usually is “It depends.” Federal courts recently have disagreed with each other on the issue, and the question has received continued and increasing attention after the EEOC’s 2016 Guidance on medical leaves under the Americans with Disabilities Act.

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.

In a recent unpublished opinion, the 11th U.S. Circuit Court of Appeals issued a carefully considered and well-structured instruction for those who want to further understand the concept of “essential functions” of a position in cases under the Americans with Disabilities Act (ADA). Bagwell v. Morgan County Commission, No. 15-15274 (11th Cir., January

New rules were published by the Equal Employment Opportunity Commission (EEOC) on May 17, 2016, under the Americans with Disabilities Act (ADA) for employers that have instituted “wellness programs.” Under the rules, employers must make sure participation in those programs is voluntary, and that the programs are reasonably designed to promote employee health.

The rule

To support a failure-to-accommodate claim under the Americans with Disabilities Act, a plaintiff must establish both a prima facie case of discrimination and an employer’s failure to accommodate it. But how far must an employer go to fulfill the “interactive process” requirement of the ADA in deciding upon and implementing a reasonable accommodation? A recent