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Report Link Employer May Not Count Disability-Induced Absences against Employee, Federal Court Rules.Jackson Lewis LLP - September 30, 2009 Managing workers with chronic conditions who require intermittent leave is difficult, the U.S. District Court for the District of Oregon has reminded us. The Court has denied an employer’s motion for summary judgment on an employee’s claims under the Americans with Disabilities Act, the Family and Medical Leave Act, and the Oregon Family Leave Act. It has held that the employee, who suffered from narcolepsy, had raised sufficient issues of fact for trial regarding, among other things, whether she was substantially limited in the major life activity of sleeping and whether the reason for her discharge – excessive absences – was pretextual. Report Link Driving Not a Major Life Activity under the Americans with Disabilities Act, Circuit Court Decides.Jackson Lewis LLP - November 12, 2008 The U.S. Court of Appeals for the Tenth Circuit has ruled that driving is not a major life activity under the Americans with Disabilities Act, in a case of first impression. Report Link Sleeping and Sexual Relations are Major Life Activities under Disability Laws, D.C. Court Rules.Jackson Lewis LLP - August 08, 2008 The federal appeals court in the District of Columbia has ruled, in separate decisions, that sleeping and engaging in sexual relations constitute major life activities for the purpose of determining whether an individual suffers from a "disability" under the nation's disability discrimination laws. Desmond v. Mukasey, No. 07-5139 (July 1, 2008); Adams v. Rice, No. 07-5101 (D.C. Cir. July 18, 2008). Report Link Federal Court Says Driving Is Not A Major Life Activity Under The ADA (pdf).Vedder Price - August 29, 2005 A computer programmer whose vertigo prevented her
from driving to work had no discrimination claim under
the Americans with Disabilities Act, the U.S. District
Court for the Northern District of Illinois recently ruled in
Yindee v. Commerce Clearing House Inc., No. 04 C
0730. Granting summary judgment to her employer, the
court found that plaintiff’s vertigo did not substantially
limit her in a major life activity since the sole activity
affected by her condition was driving. Report Link The Problem Employee: Discipline or Accommodation? (pdf).Vedder Price - January 28, 2005 Two recent cases illustrate how dealing with an employee
who interacts negatively with coworkers can lead to
litigation. In one case, a belligerent supervisor claimed
that a campaign of racial harassment had created a hostile
work environment and led to his constructive discharge.
In the other, a discharged employee sued her employer
for back pay and punitive damages under the Americans
With Disabilities Act because her troublesome behavior
was caused by a bipolar disorder. Report Link Supreme Court Tightens the Reins on Who Is Disabled Under the ADA.Jackson Lewis LLP - January 09, 2002 Discusses Toyota Motor Mfg., Ky., Inc. v. Williams, No. 00-1089, ___ U.S. ___ (January 8, 2002), in which the court held that held that to be covered by the Americans with Disabilities Act (ADA), a person must have substantial limitations on abilities that are central to daily life and not just the workplace.
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ArticlesFound: 6 ArticlesSUBTOPICS Employment Law Seminars
Top Tips to Protect Your Workplace From Violence
Webinar
November 10, 2009 HR Learning Center LLCWorkplace Change in the Obama EraColumbus
November 10, 2009 Littler2009 Employment Practices ConferenceUniversal City
November 10, 2009 Ballard RosenbergFall Employment Law Mini-SeriesTysons Corner
November 10, 2009 LittlerBusiness Continuity During the H1N1 OutbreakWebinar
November 10, 2009 Littler"Action Steps for Upcoming Open Enrollment" Free E-BriefingWebinar
November 10, 2009 Ford & HarrisonLabor and Employment Law SeminarLos Angeles
November 11, 2009 OgletreeHR Network 2009 | RestonReston
November 12, 2009 CooleyThe Labor & Employment Compliance Costs of Federal ContractingWebinar
November 12, 2009 LittlerCalifornia Legally Required Sexual Harassment Training: It's Never Too Late to ComplyLa Jolla
November 12, 2009 Fisher & Phillips |
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