The 6th U.S. Circuit Court of Appeals has held that under the Americans with Disabilities Act (ADA), an employer may rely on a credible, scientifically-based medical opinion to exclude someone from returning to work, even if that opinion is contradicted by another medical provider’s opinion.

This holding came in the case of a

The 9th U.S. Circuit Court of Appeals has determined that an employee’s reaction to stress that included threats to kill co-workers – made in “chilling detail and on multiple occasions” – meant that the individual could not perform an essential function of his job and, therefore, was not a “qualified individual” for protection under

A policy allowing an individual to work from home does not vitiate the fact that punctuality and predictable attendance are essential functions of a position. According to the 7th U.S. Circuit Court of Appeals, an employee’s ongoing tardiness – although numerous modifications had been made to her schedule and workload to allow flexibility in