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Best Practices for Employers from my Webinar on FMLA and ADA Overlap Issues (and a Link to our Recording!)

Thanks to those who attended my webinar last week on FMLA and ADA Overlap Issues. If you missed the program, you can access the webinar here. Our PowerPoint from the webinar can be downloaded here (pdf).

EEOC Finds Hospital’s Leave Policy Unlawful, But Court Dismisses Nurse’s ADA Claims

A federal court in Texas has dismissed a nurse’s disability discrimination and retaliation claims because she failed to establish she was qualified to perform the duties of her position with or without reasonable accommodation even after the EEOC found the employer’s six-month cap on leaves of absence violated the American with Disabilities Act. Salem v. Houston Methodist Hospital, C.A. No. 4:14-1802 (S.D. Tex. Oct. 30, 2015).

Obesity: A Weighty Employment Issue

Despite the prevalence of obesity in this country, surprisingly there is no federal law that prohibits employment discrimination based on a person’s weight and only one state, Michigan, specifically makes weight discrimination illegal. Still, employers in every state should consider taking steps to avoid the potential for a weight discrimination claim, because obese individuals who decide to sue their employer may find other avenues of protection under federal law.

ADA with a side of FMLA: A Cornucopia of Legal Issues

Mixing the Americans with Disabilities Act and the Family Medical Leave Act can result in a smorgasbord of legal issues for many employers. While determining whether an employee has a qualifying serious health condition under the FMLA is, in large part, fairly straightforward given the FMLA’s certification requirements and detailed regulations, deciding whether the employee is also a qualified individual with a disability under the ADA can be more challenging.

EEOC Sues Employer Who Allegedly Refused to Hire Methadone User

In the last three years, the Equal Employment Opportunity Commission has filed numerous lawsuits against employers who take adverse actions against applicants and employees who use prescription medications. In accordance with that trend, EEOC filed suit on November 3, 2015 against an employer who purportedly refused to hire a recovering drug addict using methadone, alleging violations of the Americans with Disabilities Act (“ADA”). EEOC v. Randstad, US, LP, 1:15-cv-03354 (D. MD. Nov. 3, 2015).

Stay ADA Compliant With These Crucial Steps

October marks National Disability Employment Awareness Month. In the 25 years since the passage of the Americans with Disabilities Act (ADA), there has been substantial progress in making the workplace more accessible.

Trucking Company to Pay $300,000 to Settle EEOC ADA Accommodation Suit

A recently settled lawsuit brought by the EEOC against an Arizona trucking company highlights the importance for companies to always consider unpaid leave as a reasonable accommodation and to ensure their managers and supervisors are trained on all federal, state and local discrimination laws.

ADA Suit Not Precluded By State Agency Decision

A district court improperly granted summary judgment to an employer defending against a claim of disability discrimination where the district court relied too heavily on the state agency’s finding that an employee failed to establish his prima facie case of discrimination, the Second U.S. Circuit Court of Appeals held. Cortes v. MTA New York City Transit, 2nd Cir., No. 17-7123-cv (Sep. 4, 2015)

Shrink says sports columnist may not recover from depression

Our continuing coverage of the T.J. Simers age and disability discrimination trial . . . er . . . continues.

Non-disabled individual may bring claim of retaliation under the ADA.

Does an individual have to be disabled in order to bring a lawsuit under the retaliation provision of the Americans with Disabilities Act (ADA)? The 6th U.S. Circuit Court of Appeals says No.