Nexsen Pruet • March 10, 2014
Many employers require that applicants pass a pre-employment medical exam to ensure they are physically capable of doing the job. Employers should be aware that pre-employment medical exams, while not categorically barred, could violate several federal statutes and draw unwanted attention from the Equal Employment Opportunity Commission (EEOC or the Commission).
Ogletree Deakins • March 03, 2014
Earlier this month, the U.S. District Court for the Northern District of Illinois denied a motion to dismiss a claim filed by the Equal Employment Opportunity Commission (EEOC) on behalf of a class of individuals challenging United Parcel Service, Inc.’s leave policy. The EEOC claimed that the challenged policy, under which employees will be “administratively separated” from employment after 12 months of medical leave, violates the Americans with Disabilities Act (ADA). EEOC v. United Parcel Service, Inc., No. 09C5291 (February 11, 2014).
Franczek Radelet P.C • February 26, 2014
No matter what position the EEOC might take, I'll always take the position that an employee's regular, reliable attendance is an essential function of the job. So, when an employee wants to arrive at work at any time, without any repercussions, it's not a reasonable accommodation under the ADA. And I have a recent court case to prove it.
Ogletree Deakins • February 18, 2014
The U.S. District Court for the Northern District of Illinois denied a motion filed by United Parcel Service, Inc. (UPS) to dismiss a claim by the Equal Employment Opportunity Commission (EEOC) on behalf of a class of individuals challenging the company’s leave policy. The challenged policy requires that employees “be administratively separated” from employment after 12 months of medical leave. EEOC v. United Parcel Service, Inc., N.D. Ill., No. 09C5291, February 11, 2014.
Nexsen Pruet • February 18, 2014
Congress passed the Americans with Disabilities Amendments Act of 2008 (ADAAA) over five years ago on Sept.17, 2008. The act’s stated purpose was to reinstate “a broad scope of protection to be available under the ADA” as the result of several decisions from the U.S. Supreme Court that had created an “inappropriately high level of limitation necessary to obtain coverage under the ADA.”
Constangy, Brooks & Smith, LLP • January 30, 2014
The U.S. Court of Appeals for the Fourth Circuit has come out with a decision interpreting the Americans with Disabilities Act Amendments Act that pretty much confirms all of our worst fears about the scope of that new law.
Littler Mendelson, P.C. • January 29, 2014
In late January, the U.S. Court of Appeals for the Fourth Circuit held in Summers v. Altarum Institute Corp., No. 13-1645 (4th Cir. Jan. 23, 2014), that "a sufficiently severe temporary impairment may constitute a disability." This opinion is the first published federal appellate court opinion to apply the expanded definition of disability contained in the Americans with Disabilities Act Amendments Act of 2008 (ADAAA).
Jackson Lewis P.C. • January 24, 2014
An employee fired shortly after notifying her employer of her upcoming surgery and expected need for recovery time raised triable discrimination claims under the Americans with Disabilities Act and Tennessee law, a federal district court in Tennessee has ruled. Dunn v. Chattanooga Publ’g Co., No. 1:12-cv-00252 (E.D. Tenn. Jan. 8, 2014). The court denied the former employer’s summary judgment motion. The court, however, granted the employer’s motion for summary judgment on the employee’s Family and Medical Leave Act claim, finding the employee was not eligible for leave.
Goldberg Segalla LLP • January 21, 2014
On January 13, the Seventh Circuit issued an opinion in Spurling v. C&M Fine Pack, Inc., 2014 U.S. App. LEXIS 660, reversing an Indiana District Court’s grant of summary judgment in favor of the employer on a narcoleptic employee’s Americans with Disabilities Act (ADA) claim, but affirming the dismissal of the employee’s Family and Medical Leave Act (FMLA) claims. It is a case with clear implications for employers regarding the ADA and the FMLA.
Jackson Lewis P.C. • January 14, 2014
An employer’s policy of accommodating medical restrictions arising only from work-related incidents, and not those arising from non-workplace-based conditions, including pregnancy, in conjunction with comments made by decision makers about pregnancy could allow a reasonable jury to conclude the employer’s business decision was so lacking in merit as to be a pretext for discrimination, a federal appeals court in Cincinnati has ruled. Latowski v. Northwoods Nursing Ctr., 2013 BL 352840, No. 12-2408 (6th Cir. Dec. 23, 2013) (unpublished). The Court reversed the grant of summary judgment to the employer on the plaintiff’s pregnancy discrimination claims and returned the case to the lower court.