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Report Link Company’s Adherence To Policies Can Defeat “Regarded As Disabled” Claim.Ogletree Deakins - November 14, 2008 For the second time in less than a month, a federal appeals court has addressed the issue of whether the termination of an employee, when based upon that individual’s use of prescription medication, leads to the conclusion that the employer regarded the employee as “disabled.” On October 16, the 6th U.S. Circuit Court of Appeals found that an employer’s decision not to recall an individual from layoff based upon that employee’s use of opiate-based prescription medication did not violate the ADA. In that case, the court held that the company did not perceive the employee to be precluded from a broad range of employment positions and, therefore, did not perceive him to be disabled. Daugherty v. Sajar Plastics, No. 05-02787 (6th Circ. October 16, 2008). On October 27, the 8th U.S. Circuit Court of Appeals came to the same conclusion in a similar case, by way of a different rationale. Report Link Successful “Regarded As Disabled” Claim Requires Exclusion From A Broad Range Of Jobs.Ogletree Deakins - November 03, 2008 In a case that addresses the ADA’s “regarded as disabled” provision, the 6th U.S. Circuit Court of Appeals found that an employer’s failure to rehire an individual after layoff, based on the employee’s opiate-based prescription medication, did not violate the ADA. However, in an example of the overlap between the ADA and the FMLA, the court allowed the employee’s FMLA retaliation claim to go forward to trial, based upon a manager’s statements related to the same employee’s medical leave. Report Link Employer's Directive For Inpatient Alcohol Treatment Does Not Violate ADA.Ogletree Deakins - September 02, 2008 An employee may be entitled to the protections of the Americans with Disabilities Act if he is “regarded as” disabled by his employer. An employer regards an employee as disabled when it mistakenly believes that the employee’s impairment substantially limits his ability to work. The “regarded as” provision of the ADA was meant to combat erroneous views related to impaired individuals, and to keep employers from basing employment-related decisions on myths or stereotypes. Report Link ADA Assessments: A Case By Case Analysis (pdf).Phelps Dunbar LLP - April 12, 2006 The Fifth Circuit recently issued a key decisionunder the perceived disability provision of theAmericans With Disabilities Act (“ADA”) in Rodriguezv. ConAgra Grocery Products Company, 436 F.3d 468(5th Cir. 2006). In this decision, the Court reiteratedthat an employer must focus on whether the particularapplicant is actually substantially limited by his or herimpairment and, whether the applicant is actuallycapable of performing the essential functions of thejob at issue. Report Link Employees Regarded as Disabled Must Be Accommodated, Says Eleventh Circuit.Jackson Lewis LLP - October 11, 2005 A recent decision from the U. S. Court of Appeals for the Eleventh Circuit significantly impacts the litigation of disability discrimination cases under the Florida Civil Rights Act and increases the likelihood of a Supreme Court resolution of an important issue for all employers. Report Link Termination of Employee Perceived As Incurable Alcoholic Violated ADA.Jackson Lewis LLP - March 14, 2005 An employer who perceived an employee to be an incurable alcoholic violated the Americans with Disabilities Act when it terminated the employee while on mandatory leave for treatment of his dependency.
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ArticlesFound: 6 ArticlesNO SUBTOPICSEmployment Law Seminars
2010 Ushers In Many Important Changes to Workplace Laws
Columbia
November 20, 2009 Fisher & PhillipsANNUAL EMPLOYMENT LAW UPDATESacramento
December 1, 2009 Shaw ValenzaMonthly Webinar: Preventing Workplace Harassment (California and National)Webinar
December 1, 2009 LittlerCalifornia Legally Required Sexual Harassment Training: It's Never Too Late to ComplySan Francisco
December 1, 2009 Fisher & PhillipsThe Constangy Management Training Center "Employment Law 201"Tampa
December 2, 2009 ConstangyCalifornia Legally Required Sexual Harassment Training: It's Never Too Late to ComplyOntario
December 2, 2009 Fisher & PhillipsAudio Conference: Employee Caregivers Dealing With DementiaAudio Conference
December 2, 2009 Young ConawayClients, Adversaries and Witnesses: The Ethics of Communication in a Fast-Paced Legal World Web CastWebinar
December 4, 2009 Ford & HarrisonTaking Executive Compensation Hostage; What To DoWebinar
December 8, 2009 Baker HostetlerPREVENTING HARASSMENT AND OTHER EEO ISSUES AT WORK: IT’S ALL ABOUT RESPECT (AB 1825 COMPLIANCE)Sacramento
December 9, 2009 Shaw Valenza |
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