9th Circuit Agrees that Medical Marijuana Users Not Protected by ADA
In 2008, the California Supreme Court held in Ross v. Ragingwire Telecomm. Inc. that the California Fair Employment and Housing Act does not protect current users of medical marijuana.
ATTENDANCE AS AN ESSENTIAL JOB FUNCTION
Sometimes, an employee with a disability needs a “reasonable accommodation“—a change to the work environment or the way the job is performed that allows the employee to perform the job’s essential functions. Temporary changes to attendance requirements and leaves of absence may be forms of reasonable accommodation in certain circumstances. However, employers are not required to remove essential job functions. The U.S. Ninth Circuit Court of Appeals in Samper v. Providence St. Vincent Medical Center, addressed when regular attendance is an essential job function under the Americans With Disabilities Act (ADA).
Worker’s Heart Condition Poses Direct Threat to Safety under ADA, Federal Appeals Court Rules
An employee with a heart condition who poses a direct threat to workplace safety does not have a viable claim of discrimination under the Americans with Disabilities Act, the U.S. Court of Appeals in Cincinnati has ruled. Wurzel v. Whirlpool Corp., No. 10-3629 (6th Cir. Apr. 27, 2012). The appellate court held that an employer may lawfully restrict the placement of an employee with a disabling medical condition if the employer reasonably concludes the employee cannot perform the duties of his job safely. Under such circumstances, the disabled employee is not “qualified” for a job because the threat posed to the health or safety of the employee or others cannot be resolved through a “reasonable accommodation.”
Employee is Not Disabled under ADA Simply because He Cannot Work Overtime, Federal Court Rules
n welcome news for employers, the Fourth Circuit Court of Appeals has held that an individual with an impairment is not disabled within the meaning of the Americans with Disabilities Act (“ADA”) simply because the individual is unable to work overtime. Boitnott v. Corning Inc., 669 F.3d 172 (4th Cir. 2012). The Fourth Circuit has jurisdiction over Maryland, North Carolina, South Carolina, Virginia, and West Virginia. The Fourth Circuit joins the First, Third, Fifth, Sixth, and Eighth Circuits in holding that “an inability to work overtime does not constitute a substantial limitation on a major life activity under the ADA.”
Indefinite Leave Not Required under Disability Discrimination Laws Where Employee is Unable to Work
An employer was not required to provide indefinite leave as a reasonable accommodation to an employee who was unable to work at the time of his termination and, thus, was not a qualified individual with a disability, the federal appeals court in New Orleans has ruled. Amsel v. Texas Water Dev. Bd., 2012 U.S. App. LEXIS 5681 (5th Cir. Mar. 19, 2012). The Court affirmed summary judgment in favor of the employer on the employee’s claims for disability discrimination under the Americans with Disabilities Act and Rehabilitation Act of 1973 and for retaliation under the Family and Medical Leave Act. The Court also ruled that the employee failed to establish that his termination was related to his FMLA leave, which ended two months before his termination date. The Fifth Circuit has jurisdiction over Louisiana, Mississippi, and Texas.
Duty to Show Up for Work Trumps ADA Accommodations Claim by NICU Nurse with Fibromyalgia
Just how essential is showing up for work on a predictable basis? In the case of a neonatal intensive care unit nurse, attendance "really [was] essential," the federal appeals court in San Francisco has ruled. Samper v. Providence St. Vincent Med. Ctr., No. 10-35811 (9th Cir. Apr. 11, 2012). Further, the Court held the nurse was not entitled to an exemption from her employer’s attendance policy as a reasonable accommodation for her fibromyalgia under the Americans with Disabilities Act. Accordingly, the Court affirmed summary judgment in favor of the employer on the nurse’s failure-to-accommodate claim.
Facebook Message Leads to Disability Claim
Can a Facebook friendship between an employee and her supervisor lead to a claim of disability discrimination under the Americans With Disabilities Act (ADA)? Have a look at the facts in a recent case from a federal court in Seattle, Washington and you can decide for yourself.
Ninth Circuit Rules Unlimited Absences Constitute Unreasonable Accommodation for Intensive Care Nurse
Last week, the Ninth Circuit Court of Appeals issued a favorable decision for healthcare employers regarding reasonable accommodation under the Americans with Disabilities Act, recognizing that regular attendance is an essential function of an intensive care unit nurse’s job. In Samper v. Providence St. Vincent Medical Center, a neo-natal intensive care (“NICU”) nurse suffering from fibromyalgia argued that the hospital failed to reasonably accommodate her condition by allowing her unlimited absences. The hospital’s leave of absence policy was already generous, providing every NICU nurse with five unplanned absences during any 12-month period. The district court granted summary judgment in favor of the hospital, holding that exempting the nurse from this absence policy was unreasonable.
Can an employer insist on regular attendance without violating the ADA? Maybe.
Woody Allen once said, "80 percent of success is showing up." So true, so true!
Employer's Insistence That Worker Comply With Attendance Policy Is Not A Failure To Accommodate
In a case that "tests the limits of an employer's attendance policy," a federal appellate court recently upheld the dismissal of a lawsuit brought by a nurse who requested a waiver from her employer.
