The Rehabilitation Act of 1973 was the first major federal statute to focus on the rights of individuals with medical impairments. Section 504 of the Act creates a private right of action for individuals claiming to have been discriminated against in any “program or activity” receiving federal financial assistance. Courts have included federally funded employment
Termination for poor performance discussed prior to FMLA leave does not support retaliation claim.
The Family and Medical Leave Act prohibits employers from discriminating against employees who have taken leave under that Act. However, the 7th U.S. Circuit Court of Appeals has affirmed summary judgment in favor of an employer who terminated an individual for excessive absenteeism and performance issues that developed prior to that employee’s request for FMLA
FMLA amended to expand available time for leave related to family members in the Armed Forces.
On October 28, 2009, President Obama signed the National Defense Authorization Act (NDAA), which includes provisions that expand the military leave entitlements of the Family and Medical Leave Act (FMLA) by expanding both the “qualifying exigency” leave and military caregiver leave that became effective in January 2008.
Prior to these new amendments, an eligible employee
Termination of teacher after her complaints on behalf of disabled students may constitute ADA retaliation.
The 9th U.S. Circuit Court of Appeals has held that a teacher’s statements on behalf of disabled students were “protected activity” under the ADA, and that the teacher had standing to sue for retaliation under the ADA and Section 504 of the Rehabilitation Act. Barker v. Riverside County Office of Education, 9th Cir., No. 07-56313
Disabled employees must provide corroborating evidence of non-obvious, medically necessary accommodations.
Under the Americans with Disabilities Act, employers and employees are required to engage in an interactive process with respect to a disabled employee’s request for a reasonable accommodation. In cases of psychological disability – depression, for example – necessary accommodations may be non-obvious to the employer. In those cases, courts have held that in order
Turning clocks back to standard time has FLSA ramifications.
Daylight Saving Time (DST) ends on Sunday, Nov. 1, 2009, at 2 a.m., so don’t forget to turn the clock back one hour before going to bed on Saturday, October 31. This affects employers and employees involved in “shift work,” because shift workers on duty the night of October 31, and who normally work an
Replacing employee with younger, less experienced person is not always age discrimination.
A public school music teacher who was replaced by a less experienced teacher eleven years her junior was unable to show that her age – rather than her work-performance – was the basis of the non-renewal of her contract. Dorfman v. Pine Hill Board of Education, 3d Cir., No. 08-4012, September 30, 2009.
Judith Dorfman
New technical guidance from the EEOC on H1N1 planning.
In response to continued concerns expressed by employers, the EEOC has issued a technical guidance to assist employers on H1N1 planning. The document provides information about Titles I and V of the Americans with Disbailities Act (ADA) and pandemic planning in the workplace, and identifies established ADA principles that are relevant to questions frequently asked about
Company violated federal law by accessing employee’s invitation-only MySpace chat group without authorization.
In an unpublished opinion, a federal district court in New Jersey has upheld a jury verdict in which a company was found liable for violating the federal Stored Communications Act (SCA). The violation occurred when the company’s managers intentionally accessed a “chat group” on an employee’s MySpace account without having received authorization from the MySpace
Is your business ready for H1N1?
If so, you’ve done the following things:
Created a pandemic flu plan and educated your employees on that plan;
Have become aware of current CDC recommendations, and will stay alert for upgrades;
Reviewed and (if necessary) revised attendance policies;
Educated yourself on confidentiality issues and concerns;
Checked with HR or