ADA

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Complying with the myriad of laws affecting medical leave continues to be a significant and growing challenge for employers. Making the decision whether and when to terminate an employee on medical leave is perhaps the most challenging, and carries significant risk. The EEOC’s recent challenges to “inflexible” leave policies–which resulted in a “record-setting” $6.2…

When a law, such as the ADA, restricts an employer’s rights to take reasonable, measured steps to promote workplace safety, it ought to be re-examined.  Years ago, Justice Souter observed that preventing employers from considering "risk to self," an ADA rule many disability rights advocates had sought, would have put the ADA at "loggerheads" with federal OSHA policy requiring employers to ensure the…

As the ADA’s 20th anniversary nears, let’s revisit one of its lofty goals: to place a sweeping federal blanket over the patchwork of state and federal laws that protects individuals with disabilities.

A recent Second Circuit opinion leaves no doubt that the patchwork lives on  In Spiegel v. Schulmann, decided on May 6, 2010, a…

 Talk about a reasonable accommodation challenge. What is an employer to do when its accommodation of one employee’s medical condition triggers another employee’s medical condition? The New York Times reported recently that the City of Indianapolis faced such a situation recently and is now facing an EEOC “failure to accommodate” charge. 

According to the Times…