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A plaintiff’s declarations that her medical impairment led to her limitations were insufficient to defeat her employer’s summary judgment motion because she failed to provide “proper evidence that any limitation she many have is caused by” her medical impairment, the U.S. Court of Appeals for the Tenth Circuit ruled (emphasis in original). Felkins v. City…

“Elections have consequences” goes the maxim and one of the consequences of the November 4 election is that employers in four additional jurisdictions have paid sick leave laws (PSL) to consider.  The margin of approval suggests that PSL laws are widely supported by the electorate.

Massachusetts becomes the third state to enact a PSL, following…

After staying on the litigation sidelines for years while the popularity of workplace wellness programs skyrocketed, the EEOC has brought its third lawsuit in about two months, alleging that the employer’s wellness program was not “voluntary” due to the “large” and “substantial” penalties to those who chose not to participate. Because the program was involuntary,…

The EEOC has sued an employer because the penalty to employees for not participating in its wellness program was so steep that it made the “voluntary” program involuntary.  EEOC v. Orion Energy Systems, E.D. WI, filed August 20, 2014). Because the program was involuntary, the disability related questions employees were asked violated the ADA, according…

The plaintiff’s dog bit her, leading to a hospital stay, complications and absence from work for more than two weeks. After the plaintiff failed to produce the FMLA Certification from her health care provider to support her absences, her employer terminated her.  Finding that there were issues to be resolved by a jury concerning whether…

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…