It is not uncommon for employees who are on leave and receiving workers’ compensation benefits to be released to return to work with light duty restrictions. To account for these situations, some employers have designated light duty positions reserved for employees who are released to return to work on light duty after an occupational injury.
Fourth Circuit Reaffirms That Regular, Reliable Attendance Is Essential Function Of Most Jobs
The Fourth Circuit has reaffirmed its position that regular and reliable attendance is an essential function of most jobs. The Court held that an employer did not violate the Rehabilitation Act by taking adverse action against an employee because of her attendance issues—even though they were caused by her mental illness. Hannah P. v. Coats
The FMLA, ADA and Overseas Employees
In the global economy, it is not unusual for U.S. multinational companies to have employees working overseas. Overseas employment arrangements require employers to navigate a variety of complex legal issues – some of them leave related. For example, what happens if an overseas employee has a medical condition that causes them to miss work?
The
Broad Workers’ Compensation Release Agreement Bars Disability Discrimination Claims
The District Court for the Eastern District of Louisiana dismissed an employee’s disability discrimination claims based on a broad release in her workers’ compensation settlement agreement with the employer. Peddy v. Aaron’s, Inc. Case No. 02:18-cv-1625 (E.D. La. Feb. 21, 2019). The Court also ruled in favor of the employer on its counterclaim for
Flesh Eating Bacteria Ate My Homework
If you’re like most folks, you’ve been wondering “when am I going to see a story mentioning both flesh eating bacteria and reasonable accommodation.” Wonder no more.
Gary Brunckhorst worked for the City of Oak Park Heights Minnesota for more than fifteen years. In April 2014, he was serving as the Senior Accountant/Payroll Technician (Senior
Unsettled Waters at the Accommodation of Last Resort
In 2019, we are poised to learn where the Fourth Circuit stands on reassignment as an accommodation—an issue that has split the Circuits.
Before discussing where courts are divided, let’s start with the consensus. First, the Americans with Disabilities Act (“ADA”) clearly requires employers to make reasonable accommodations to the limitations of an employee with
Federal Court of Appeals To Decide Whether Morbid Obesity Is An Impairment
We know that the ADAAA (Amendments Act of 2008) substantially altered the landscape for review of claims asserting a disability. But are employees still required to show some sort of disorder or impairment to state a claim? Is morbid obesity an impairment even if it is not tied to any underlying disorder? A case pending
Appellate Courts Agree: Regular, Reliable Attendance Is Essential Function of Most Jobs
Recent decisions from the Second, Fifth, and Eighth Circuit Courts of Appeals exemplify the growing consensus amongst courts that even employees with a disability are generally required to comply with company attendance policies. While employers may need to provide leave as a reasonable accommodation, many courts generally agree that regular, reliable attendance is an essential
Has the Grinch Stolen Wellness Plans this Christmas?
Twas the week before Christmas, and all through the country,
Employers wanted to help their employees be healthy,
But unfortunately some lawyers, and the EEOC
Limited plans that ask about disability…
Continue Reading Has the Grinch Stolen Wellness Plans this Christmas?
Employers Asserting “Essential Job Function” Defense Need a Clear Job Description.
Just a few months ago, we wrote about a case where a federal district court denied summary judgment to an employer who had asserted that attendance at work was an essential job function. The Court held that although regular attendance at work was set out in the job description, that was not enough to obtain