Job restructuring is one of the accommodations that an employer must consider under the Americans with Disabilities Act (ADA) and its regulations. Recently, the 7th U.S. Circuit Court of Appeals held that if a minor adjustment to the work duties of a few other nursing home employees would have enabled the home’s hairdresser to
One of the questions most frequently asked by employers is whether an employee’s failure to comply with company policies regarding a return-to-work release can support termination of the individual’s employment. While courts differ on that issue depending upon judicial circuit and the specific facts of the case, the 8th U.S. Circuit Court of Appeals
One federal court – the U.S. District Court for the Northern District of Illinois – recently reviewed a case in which a pregnant employee was terminated after informing her employer that she would be subject to a lifting restriction beginning at the 20th week of her pregnancy. Although the employee was only in her
The Equal Employment Opportunity Commission (EEOC) has issued its first comprehensive update of a 1983 Compliance Manual chapter on the subject of the Pregnancy Discrimination Act (PDA) and related issues. The Guidance, which was not submitted for public comment prior to its issuance, also discusses the application of the Americans with Disabilities Act (ADA),
Law Partners Maria Danaher, Editor of Employment Law Matters, and Mary Wright, Guest Blogger (both of Ogletree Deakins), offer up this month’s Employment Law Carnival.
is for the ADAEric B. Meyer, The Employer Handbook, The Firefighter Afraid of
A recent decision by the 6th U.S. Circuit Court of Appeals seems to have sent many employers into a tailspin on whether and how often to allow employees to telecommute to fulfill job responsibilities. EEOC v. Ford Motor Company, 6th Cir., No. 12-2484, April 22, 2014. (FindLaw.com link.) However, at this point, it
To prevail on a claim of retaliation under federal law, an employee must prove he or she engaged in a “protected activity” under an anti-discrimination statute, and subsequently suffered an adverse employment action. In addition, the employee must establish that the protected activity was “causally connected” to the employer’s adverse action.
The 4th U.S.
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
The U.S. District Court for the Northern District of Illinois denied a motion filed by United Parcel Service, Inc. (UPS) to dismiss a claim by the Equal Employment Opportunity Commission (EEOC) on behalf of a class of individuals challenging the company’s leave policy. The challenged policy requires that employees “be administratively separated” from employment
In an unpublished opinion, the U.S. District Court of Appeals for the 6th Circuit reversed a lower court’s dismissal of a pregnancy discrimination claim, finding that an employer’s “no accommodation for non-work-related injuries” raised an issue of pregnancy discrimination for a jury. Latowski v. Northwoods Nursing Center, 6th Cir., No. 12-2408, December 23, 2013.
Jennifer
