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A contractor’s violations of 14 federal statutes (and equivalent state statutes) must be taken into account by contracting agencies when considering contract awards, according to an Executive Order signed by President Obama on July 31, 2014. The ADA, FMLA and Section 503 of the Rehabilitation Act are among the 14 listed statutes.  For additional information…

Since 2009, the EEOC has sued numerous employers who have terminated employees pursuant to an inflexible leave policy, a policy that provides a defined amount of leave and results in an employee’s termination once the employee exhausts that leave.  The EEOC argues that such policies are unlawful because they do not allow for additional leave…

Less than one month after the Tenth Circuit Court of Appeals held that an employer policy that limits the amount of leave time any employee may take was fair, lawful and protects disabled employees, an employer sued by the EEOC for having such a policy has agreed to pay $1.35 million and “undertake significant remedial…

The issue seems to occur regularly and a recent call for advice prompts me to address it. A supervisor accommodates an employee’s work limitation caused by a medical impairment and life goes on….until a new manager begins and ends the accommodation. 

A federal district court in Illinois addressed a very similar situation In Isbell v. …

The recent Tenth Circuit decision in Hwang v. Kansas State University upholding the employer’s inflexible leave policy causes one to ponder the logic of leave as an accommodation under the ADA in a broader sense. When contemplating such issue, the “oxymoronic anomaly” relating to this issue comes to the fore. Just what is this anomaly?…

Reports of the demise of inflexible leave policies—leave policies that result in termination if the employee is unable to return to work after a fixed amount of leave – are premature.

The EEOC has sued numerous employers, alleging that their “inflexible leave policies” were unlawful because they did not take into account the possibility of…

This, my fourth and last post about the Sixth Circuit’s decision in EEOC v. Ford Motor Company (6th Cir. April 22,2014), deals with the adage, variously attributed to Oscar Wilde, Clare Booth Luce and a host of others, that “no good deed goes unpunished.”

Recall the plaintiff in this case, Harris, a resale buyer, had…