Offering Practical Guidance to Employers
A plaintiff who thought she had the swine flu, and thought she had an ADA claim when she was terminated after four days of absence for the flu, had neither. Lewis v. Florida Default Law Group,P.L. (M.D. FL Sept. 15, 2011).
The plaintiff was diagnosed with “seasonal flu” but “understood” she was diagnosed with the H1NI…
A drug testing protocol for both legal and illegal drugs was an unlawful medical examination, and the follow up questions about lawful drug use were unlawful disability-related inquiries, according to a federal district court in Tennessee. Bates v. Dura Automotive Systems, Inc., (Aug. 29, 2011). The court rejected the company’s motion to set aside a…
Recall the incontinent court reporter. She had a steady assignment compatible with her medical condition until the chief judge required court reporters to rotate through all courtrooms. In the lawsuit challenging the court reporter’s termination, the court held that rotating was an essential function of the court reporter’s job and because she could not do…
When an employee complains of harassment, the employer response is to investigate and take appropriate remedial action. In Kagawa v. First Hawaiian Bank/Bancwest Corp., the employer responded accordingly and is now a defendant in an ADA “regarded as” claim.
The plaintiff, a Senior Credit Analyst, alleged that she is a mystic, hears God’s voice…
Reversing summary judgment for the employer, the Second Circuit said that “in certain circumstances, an employer may have an obligation to assist in an employee’s commute” to work as a reasonable accommodation. The Court cited its observation in an earlier decision that “there is nothing inherently unreasonable…in requiring an employer to furnish an otherwise qualified…
‘caregiver responsibilities’ ‘caregiver discrimination’ ‘associational discrimination’…
Continue Reading Ohio Manufacturer Pays $120,000 to Settle EEOC Litigation with Caregiver Discrimination Allegations
It seems anomalous for an individual to be both a former and current user of illegal drugs at the same time. But perhaps not so anomalous under the ADA, according to the Tenth Circuit’s recent decision in Mauerhan v. Wagner Corporation.
The ADA exempts from its protection those who are current users of illegal drugs…
Employers who use financial incentives to motivate employees to complete health risk appraisals as part of their group health plans can breathe a little easier. Relying on the ADA’s "safe harbor" for insurance practices, a Florida federal district court has rejected a class action lawsuit challenging Broward County’s use of a $20 surcharge to motivate completion of a health…
‘attendance’ ‘discipline’ ‘legitimate non-discriminatory reason’ ‘retaliation’…
Continue Reading Lights Out on Broadway; Court Extinguishes FMLA Retaliation Claim
Nuance is important in legal analysis. A recent 6th Circuit case dealing with employer policies requiring an employee returning from sick leave to provide a doctor’s note illustrates the point.
In Lee v. The City of Columbus, the 6th Circuit held that the Columbus Police Department’s requirement that the doctor’s note include…
