The Americans with Disabilities Act specifically includes a “safe harbor” provision for individuals no longer abusing drugs and alcohol, specifically including individuals who have successfully completed a supervised rehabilitation program and are “no longer engaged in the illegal use of drugs.” While the Courts have declined to adopt a bright-line rule as to the number
Constructive discharge claim requires “intolerable” conditions.
The 8th U.S. Circuit Court of Appeals has upheld summary judgment against a bank teller who claimed that she was constructively discharged when she left her job on the last day of her pregnancy-related medical leave. Trierweiler v. Wells Fargo bank, 8th Cir., No. 10-1343, April 8, 2011.
An individual can support a claim of
The Department of Labor’s update to FLSA regulations is a missed opportunity.
In July 2008, the Department of Labor’s Wage and Hour Division (WHD) published proposed rules that would change several regulations issued under the Fair Labor Standards Act (FLSA) and the Portal-to-Portal Act, including tip credit, fluctuating workweek, compensatory time, commuting, and other provisions. The proposed rules were not finalized during the previous Administration; however, a
EEOC has issued final regulations implementing the ADAAA.
The ADA Amendments Act (ADAAA) was signed into law by President George W. Bush on September 25, 2008. On March 25, 2011, and after review of over 600 public comments, the Equal Employment Opportunity Commission (EEOC) issued final regulations implementing the enforcement of that Act. Check the EEOC’s website at www.eeoc.gov for a summary of
The Affordable Care Act: Something to Think About While Waiting for the Courts of Appeals to Rule
As the first anniversary of the Patient Protection and Affordable Care Act approaches on March 23, five district courts have issued final judgments on the issue of whether the Act itself is constitutional. The score is 3-2 in the federal government’s favor, but all five cases are on appeal at this time. The principal issue in those cases
The USERRA does not provide a claim for hostile work environment.
The Uniformed Services Employment and Reemployment Rights Act (USERRA) was enacted to prohibit civilian employers from discriminating against employees engaged in military service, and states that employees who perform military service “shall not be denied initial employment, reemployment, retention in employment, promotion, or any benefit of employment” on the basis of that service. In a
Employee’s post-termination blog postings do not preclude reinstatement.
Last month, employers’ attention was focused on the settlement of a matter in which the NLRB originally had announced plans to prosecute a complaint brought by its Connecticut regional office regarding the termination of a union member/employee who had posted negative remarks about her supervisor and her employer on her personal Facebook page. The employee
U.S. Supreme Court rules that the “Cat’s Paw” theory can create liability for discrimination.
The U.S. Supreme Court has held, by unanimous opinion, that an employer may be held liable for employment discrimination under the Uniformed Services Employment and Reemployment Rights Act (USERRA) based on the “discriminatory animus” of an employee who influenced, but did not make, an ultimate employment decision. In interpreting the so-called "cat’s paw" theory of
Employee’s failure to respond to phone calls from employer regarding his request for FMLA leave precludes a claim against employer under that Act.
Most employers recognize that the Family and Medical Leave Act (FMLA) prohibits them from denying, restraining, or interfering with an employee’s rights to qualified leave. Last week’s Update addressed a situation in which an employer’s frequent phone calls to the employee asking when she would return to work while she was on FMLA leave may
Employer’s frequent calls to employee during FMLA may create interference with that leave.
Under the Family and Medical Leave Act (FMLA), an employer is prohibited from denying, restraining, or interfering with an employee’s rights to qualified leave. One federal court recently found that an employer’s frequent phone calls to the employee asking when she would return to work while she was on FMLA leave may have interfered with