In a controversial move, the EEOC yesterday issued Enforcement Guidance on Pregnancy Discrimination and Related Issues, along with a “Q&A” document about the guidance and a Fact Sheet for Small Businesses. Two Commissioners, Constance S. Barker and Victoria A. Lipnic, filed statements expressing their dissent from the Commission’s adoption of the Guidance.
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What is Your State’s Grade on Family Friendly Laws?
Seventeen states failed. California, of course, came in first, followed by Connecticut, Hawaii, New Jersey and the District of Columbia. The survey was done by the National Partnership of Women & Families, a group which, in its own words, has “fought for every major policy advance that has helped women and families.” It reviewed…
Who Cares? An Employee Who Cares for her Daughter and Grandchildren Cares under the FMLA
An employee may take leave under the FMLA to care for a child with a serious health condition, even a child 18 years of age or older who is incapable of self-care due to a disability. But an employee may not normally take FMLA leave to care for a grandchild. A recent decision by the…
New Supervisory “Broom” Unlawfully Sweeps Away ADA Accommodation
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. …
A Pattern of Sick Leave Abuse: “I Know It When I See It.”
Now that summer is upon us, at least some employees—a small percent, no doubt–may be thinking about how to turn those half day Fridays off into full day Fridays off, or turning two day weekends into three day weekends. For employees lacking the creativity to develop their own strategies, the internet offers much guidance, such…
Where’s Barnett? “Two-Step” Analysis Missing in ADA Telecommuting Accommodation Case
The Sixth Circuit’s decision in EEOC v. Ford Motor Company is so rich with disability management lessons that one post just does not do it justice. So here is my second post on that case. (The first is here.) There will be more to come.
As we have discussed, the Supreme Court of the…
An Inconvenient ADA Accommodation—Telecommuting
In its 2005 guidance on working at home, or telecommuting, as a reasonable accommodation, the EEOC said that “[m]any employers have discovered the benefits of allowing employees to work at home through telework…programs.” I suspect as many requests to work at home are met with quiet groans by employers as by the excitement of discovering…
Court Silences Horn in ADA Accommodation Case
Yet another plaintiff has sought to minimize her doctor’s restrictions and once again a court has held that an employee is bound by those restrictions. Horn v. Knight Facilities Management, Inc. (6th Cir. February 25, 2014). We posted last year about two cases where the plaintiffs sought unsuccessfully to discredit the medical opinion of their…
DOJ Strikes Landmark Consent Decree in Web, Mobile Access Case
The Department of Justice (DOJ) has announced that it has entered into a landmark consent decree resolving its first lawsuit brought under the Americans with Disabilities Act centered on the accessibility of corporate websites and mobile applications. Under the decree in National Federation of the Blind, et al. and United States v. HRB Digital LLC,…
Gone Fishin’ on FMLA
If you are well enough to fish in fishing tournaments, you are well enough to come to work, right? Most employers, I suspect, would agree with that view and would be quite upset to learn that an employee on paid FMLA leave was on the road, fishing in tournaments, earning prize money. But the situation,…