In an unpublished opinion issued on October 8, 2013, the 5th U.S. Circuit Court of Appeals upheld summary judgment in favor of an employer on a claim under the Americans with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
According to its own website, the primary responsibility of the U.S. Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP), is to: “enforce, for the benefit of job seekers and wage earners, the contractual promise of affirmative action and equal employment opportunity required of those who do business with the Federal government.” In furtherance … Continue Reading
In an unpublished opinion, the6th U.S. Circuit Court of Appeals has held that an employee who was unable to complete the functions of her job while on part-time duty could not subsequently claim that ongoing part-time work was a reasonable accommodation for her disability. White v. Security First Associated Agency, Inc.,et al, 6th Cir., No. … Continue Reading
One federal district court has ruled that a night-shift emergency dispatcher with diabetes and hypertension, whose doctor stated that the individual’s health would be improved by working day-shifts, could proceed on his claim that an employer’s refusal to allow him to work days violated the Americans with Disabilities Act (ADA). Szarawara v. County of Montgomery, … Continue Reading
In a case that points out the inherent difficulty of implementing the Americans with Disabilities Act (ADA) in a situation involving safety issues, a federal district court in Connecticut determined that an operating room nurse was not qualified for protection under the ADA because he was weeks away from the end of a year-long prohibition … Continue Reading
A federal court in the Eastern District of Pennsylvania granted summary judgment for a newspaper/employer who had been sued after the lay-off of a female page designer who claimed that she was let go because of her gender and her deafness in one ear. Mengel v. Reading Eagle Company, EDPA, No. 11-6151 (March 28, 2013). … Continue Reading
Is the ability to be licensed to drive a commercial vehicle an “essential function” of a warehouse manager’s position, even though that manager rarely is required to drive? According to the 8th U.S. Circuit Court of Appeals, that answer depends largely upon the job description developed by the employer, and not on the employee’s specific … Continue Reading
In a non-precedential opinion, the 3d U.S. Circuit Court of Appeals recently upheld a hospital’s firing of a security guard who had admitted that he was a recovering drug addict. Because that firing was based upon the fact that the employee previously had denied prior drug or alcohol addition/treatment, the court found that the hospital’s … Continue Reading
The 8th U.S. Circuit Court of Appeals recently held that jury was justified in finding that an employer is not required to engage in an onsite evaluation to interactively create a reasonable accommodation for a disabled employee, if a treating physician’s restrictions would prevent that individual from performing those essential functions at all. Hohn v. … Continue Reading
Employers are aware of the fact that the Americans with Disabilities Act (ADA) requires them to engage in an interactive process in order to determine whether a disabled individual can be accommodated to assist him or her in performing the essential functions of a job. In determining the essential functions of a position, most employers … Continue Reading
The use of light duty assignments to employees who are returning to work after recuperation from an illness or injury is an often used mechanism. The 7th U.S. Circuit Court of Appeals has held that neither the Family and Medical Leave Act (FMLA) nor the Americans with Disabilities Act (ADA) creates an obligation for an … Continue Reading
In an unpublished opinion, the 6th U.S. Circuit Court of Appeals recently upheld summary judgment in favor of an employer who refused to convert a light-duty position into a permanent job for a disabled employee. Wardia v. Campbell County Regional Justice Dept. of Corrections, 6th Cir., No. 12-5337, January 3, 2013. In that case, a … Continue Reading
The 6th U.S. Circuit Court of Appeals recently addressed an issue of first impression, finding that the ability to hear is not necessarily an “essential function” of the job of lifeguard. Keith v. County of Oakland, 6th Cir., No. 11-2276, January 10, 2013. In addition, however, the Court made a number of other, more generally … Continue Reading
Neither Title VII of the Civil Rights Act nor the Americans with Disabilities Act (ADA) specifically prohibits discrimination against individuals who may be victims of domestic or dating violence, sexual assault, or stalking. However, a recent fact sheet/guidance issued by the Equal Employment Opportunities Commission (EEOC) has employers scrambling to update anti-discrimination training to reflect … Continue Reading
The 8th U.S. Circuit Court of Appeals recently addressed an issue of concern frequently raised by employers: whether allowing an employee to move from rotating shifts to straight daytime work is a required “reasonable accommodation” under the ADA. Kallail v. Alliant Energy Corporate Services, Inc., 8th Cir., No. 11-2202, September 4, 2012. In that case, … Continue Reading
An issue that confounds employers on a regular basis is whether the discharge of an employee who is unable to return to work after a medical leave will violate the American with Disabilities Act (ADA). Most employers understand their obligation to engage in an interactive process to determine a reasonable accommodation that will assist the … Continue Reading
The Americans with Disabilities Act (ADA) prohibits employers from requiring a “medical examination” and from making inquiries about the nature or severity of an employee’s possible disability, unless such exam or inquiry is shown to be “job-related and consistent with business necessity.” Most employers understand this issue as it applies both to medical examinations of … Continue Reading
“Direct evidence” is evidence that, if believed, leads to the conclusion that discrimination was at least one motivating factor in an adverse employment action. An employer’s termination letter, stating that the employee was being terminated due to her inability to do her job during a medical leave, was “direct evidence” of discrimination sufficient to support … Continue Reading
The Federal Circuits currently are split on the issue of whether the ADA requires reassignment of disabled employees to vacant positions when a more qualified candidate exists, with the 10th Circuit and the District of Columbia Circuit holding that the ADA creates preferential treatment for disabled candidates, and the 7th and 8th Circuits holding that … Continue Reading
On February 28, 2012, the Equal Employment Opportunity Commission (EEOC) released two publications addressing the rights of military veterans with disabilities under the Americans with Disabilities Act (ADA), as part of its efforts to aid such veterans in the transition back into civilian employment. According to government statistics, three million veterans have returned from military … Continue Reading
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
In a case that adds to a split among federal appellate courts, the 7th U.S. Circuit Court of Appeals has held that a company’s insistence on an employee being “100% healed” after a medical leave does not necessarily support the employee’s legal claim under the Americans with Disabilities Act (ADA). Powers v. USF Holland, Inc., … Continue Reading
On December 2, 2011, the EEOC posted an “informal discussion letter” on its website. The letter was in response to an issue involving individuals who are unable to earn a high school diploma because of certain learning disabilities and who therefore are ineligible for jobs that require a high school education. According to the EEOC, … Continue Reading
The Americans with Disabilities Act prohibits employers from discriminating against individuals because of disability or perceived disability. However, in order to sufficiently support an ADA claim, an individual employee must be able to prove that he was qualified to perform his job in a satisfactory manner, with or without accommodation. Recently, the 7th U.S. Circuit … Continue Reading
