2016 has come to an end and it’s been busy year for disability leave management issues. The year has seen a variety of new developments, including issuance of additional guidance from administrative agencies, new leave and benefit related laws, and a slew of court opinions. Here is a summary of some of the highlights from
Eighth Circuit Leaves Open the Question of Whether a “Mixed-Motive” or “But-For” Causation Standard Should be Applied to Disability Discrimination Claims Under the ADA
On December 22, 2016, the United States Court of Appeals for the Eighth Circuit issued an opinion in the case of Oehmke v. Medtronic, Inc., Case No. 16-1052, affirming the district court’s grant of summary judgment in favor of the defendant/employer on plaintiff’s claims of disability discrimination and retaliation under the Americans with Disabilities Act (ADA) and Minnesota Human Rights Act (MHRA). In its opinion, the Eighth Circuit analyzed the plaintiff’s disability discrimination claim under a mixed-motive causation standard, meaning that the Court would allow the plaintiff’s claim to proceed if it found evidence that the adverse employment action was motivated by both permissible and impermissible factors. In other words, under a mixed-motive analysis, if a discriminatory intent contributed in any way to the adverse employment action, a plaintiff can establish the causation element of a claim for disability discrimination.
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Are You Ready? City of Santa Monica’s Sick Leave Provisions Become Effective January 1, 2017
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re you sick of sick leave yet? Beginning on January 1, 2017, the new paid sick leave provisions under Santa Monica City’s recently adopted Minimum Wage and Sick Leave law will go into effect. Since our California Workplace Law Blog article first outlined key provisions of the law, the ordinance was amended later this
Does Calling Someone an “Injury Compensation Specialist” Prove FMLA Retaliation?
Perhaps not, according to the First Circuit Court of Appeals. Not all retaliation is the same, the court reminds us in its December 14, 2016 decision in Chase v. U.S. Postal Service. Evidence that a supervisor retaliated because of an employee’s workers’ compensation claim does not itself prove the supervisor also retaliated because the employee took concurrent leave under the Family and Medical Leave Act (FMLA). Mocking an employee’s allegedly fake injury does not necessarily show hostility toward use of FMLA leave.
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Appellate Court Holds that ADA Does Not Require Reassignment Without Competition
The Equal Employment Opportunity Commission (EEOC) suffered a setback in its attempt to establish that the Americans With Disabilities Act (ADA) requires an employer to reassign an employee to an available position without having to compete with other candidates for that position. In EEOC v. St. Joseph’s Hospital, the Eleventh Circuit Court of Appeals
EEOC Issues Guidance on the Rights of Employees with Mental Health Conditions Under the ADA
In continuation of its series of “resource” documents which provide guidance to individuals with medical conditions or work restrictions, on December 12, 2016, the EEOC issued a “resource” document titled “Depression, PTSD, and Other Mental Health Conditions in the Workplace: Your Legal Rights” which is intended to provide guidance on workplace rights for
Is Santa Claus a Key Employee?
At North Pole Enterprises, the company’s entire existence is dependent upon a single delivery on the night of December 24. On December 23, Santa Claus, the only licensed delivery driver at North Pole Enterprises, injures his back while loading packages in his “truck.” Later that day, Mr. Claus contacts the Human Resources Department at North
Is Santa Disabled? Obesity, The ADAAA, and The Most Famous Driver Of All
The most famous reindeer of all may be Rudolph, but St. Nick has the lock on being the most famous driver in the entire transportation industry. And with such an incredible safety record and history of on-time deliveries, would we ever think of Santa as being disabled under the ADAAA?
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California Supreme Court Denies Review of Castro-Ramirez Decision — California Employers Must Consider Leave Accommodation for Employees Caring for Disabled Family Members
We previously reported that the California Court of Appeal for the Second Appellate District held that an employer’s denial of accommodation to a nondisabled employee may serve as evidence of association discrimination under the California Fair Employment and Housing Act. Castro Ramirez v. Dependable Highway Express, Inc. (2016) 2 Cal. App. 5th 1028. In Castro
What Am I Doing Wrong? Common FMLA Mistakes.
What did I do wrong?” and “Am I doing this correctly?” are frequent questions from clients regarding FMLA administration. This is the third in a monthly series highlighting some of the more common mistakes employers can inadvertently make regarding FMLA administration.
Failing to restore an employee returning from FMLA leave to an