Total Articles: 10
Jackson Lewis P.C. • November 30, 2017
While employers generally accept that they cannot apply a maximum leave period after which employees are automatically terminated, they continue to struggle with how much leave must be provided as a form of accommodation under the ADA. There is little dispute that leave for an indefinite period where the employee has a long term chronic condition is not a reasonable accommodation, but how much time must the employer give? Is a month of extended leave reasonable? Two months? Four months?
Jackson Lewis P.C. • November 12, 2017
On October 17, 2017, on the heels of its landmark decision in Severson v. Heartland Woodcraft, the Seventh Circuit affirmed summary judgment in favor of the employer in its unpublished opinion in Golden v. Indianapolis Housing Agency, No. 17-1359 (7th Cir. Oct. 17, 2017), reiterating that “[a]n employee who needs long-term medical leave…is not a ‘qualified individual’ under the ADA.”
Jackson Lewis P.C. • November 02, 2017
Years ago, I had a legal assistant who was unable to get to work on time. I finally told her that she had to be in at 8:30 as that was when everyone else started their work day. Three days later, she appeared in my office, walked in and slapped a speeding ticket on my desk and insisted that I pay it because it was my fault that she was speeding to get to work on time.
XpertHR • October 31, 2017
A long-term medical leave of absence after Family and Medical Leave Act (FMLA) leave has been exhausted cannot be a reasonable accommodation, the 7th Circuit Court of Appeals has ruled in a pair of pro-employer decisions. In Severson v. Heartland Woodcraft, Inc., the appellate court found that a medical leave spanning multiple months does not permit the employee to perform essential job functions, as required under the Americans with Disabilities Act (ADA).
Goldberg Segalla LLP • October 26, 2017
Employers rely upon employees to get the job done. Usually, the “job” requires the employee’s physical presence at work. But injuries and medical conditions throw a wrench in the works. Most employers are at least generally aware of the implications of various federal and state laws governing treatment of employees with medical conditions and injuries. Yet, there is plenty of gray area where employers may be subject to liability. Take for example the recent decision in Severson v. Heartland Woodcraft, Inc. where the Seventh Circuit decided whether an employer could terminate an employee who requested a multi-month leave of absence from employment.
Littler Mendelson, P.C. • October 24, 2017
I read a New Yorker article about people bringing their dogs everywhere, claiming they were emotional support animals. It mentioned a dog trying to get into Carnegie Hall. But everyone knows there’s only one way to get there: Practice.
Ogletree Deakins • October 20, 2017
A federal district court in Los Angeles last week endorsed the possibility that a business may be able to avoid making a website accessible if it provides the same goods and services through telephonic customer service. The U.S. District Court for the Central District of California, in Gorecki v. Dave & Buster’s, Inc., No. 2:17-cv-01138-PSG-AGR (October 10, 2017), found that the U.S. Department of Justice (DOJ) had mentioned this alternative to website compliance in its 2010 Advanced Notice of Proposed Rulemaking. But the court denied Dave & Buster’s motion for summary judgment because it had not established beyond factual dispute that its website direction, which stated, “If You Are Using A Screen Reader and Are Having Problems Using This Website, Please Call (888) 300-1515 For Assistance.,” was itself accessible to screen reading software.
FordHarrison LLP • October 01, 2017
Executive Summary: When an employee seeks leave as an accommodation for a disability under the Americans with Disabilities Act (ADA), the decision regarding whether to grant or deny the request can be challenging. Employers must look closely at the particular circumstances of every case in order to determine whether the amount of leave requested can be provided to the employee without causing undue hardship to the employer’s business.
Jackson Lewis P.C. • September 26, 2017
In a significant ruling for employers, the U.S. Court of Appeals for the Seventh Circuit has held that a request for a two-to-three-month leave of absence is not a reasonable accommodation pursuant to the Americans with Disabilities Act. Severson v. Heartland Woodcraft, No. 15-3754 (7th Cir. Sept. 20, 2017).
Ogletree Deakins • September 22, 2017
Today’s employers must run their businesses within the competitive environment in which they operate while affording employees an ever-increasing array of leaves. Yet, running a business without a full complement of employees is difficult.