The Supreme Court’s Defense of Marriage Act decision expands employer obligations under the FMLA, at least in the states that recognize same-sex marriages. The Court held that Section 3 of DOMA, which states that the meaning of “spouse” in any federal law or regulation “refers only to a person of the opposite sex who is
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Amputee’s Request for Breaks May Be Request for ADA Reasonable Accommodation
By Jackson Lewis P.C. on
Posted in ADA
An amputee’s request for work breaks to adjust his prosthesis may be a request for an accommodation under the ADA, according to a federal district court. Morton v. Cooper Tire & Rubber (N.D. MS, June 18, 2013). The employee was training to operate a machine which ran for twelve hour shifts. To complete the training…
Florida Governor Puts Kibosh on Local Leave Laws
By Jackson Lewis P.C. on
Posted in Leave
Florida Governor Rick Scott has signed a bill that puts the kibosh on local leave and attendance laws. House Bill 655 prevents Florida’s political subdivisions from requiring private employers to provide employees with disability, sick leave or “personal necessity” benefits, among others.
In a statement, Governor Scott said: "This bill fosters statewide uniformity, consistency and predictability…
“Can’t Be On Call Tonight, Dad’s in ER” Not a Request for FMLA Leave
By Jackson Lewis P.C. on
Posted in FMLA
An employee’s text message to her supervisor telling him that she could not be on call that night because her father was in the emergency room was not a request for FMLA leave. Lanier v. Univ. of Texas Southwestern Medical Center (5th Cir. June 12, 2013). Affirming summary judgment for the employer, the court said…
Denying Request to Change Worksite Supports ADA Constructive Discharge Claim
By Jackson Lewis P.C. on
Posted in ADA
A plaintiff’s claim that she was constructively discharged because her employer refused to transfer her to an office closer to the place where she received therapy to deal with the pain caused by her arthritis has survived her employer’s motion to dismiss.
The plaintiff worked in the home office of a child welfare agency. She…
Website Accessibility and the ADA
By Jackson Lewis P.C. on
Posted in ADA
Jackson Lewis Partners Joseph Lynett and John Snyder have written an article entitled "Website Accessibility and the Americans with Disabilities Act," published in American Bar Association. To view the article, click here.
Lactation is a “Medical Condition” Protected by Title VII and PDA
By Jackson Lewis P.C. on
Posted in Health Management
It comes down to the definition of "medical condition." The Pregnancy Discrimination Act, an amendment to Title VII, prohibits discrimination based on "pregnancy, childbirth, or related medical conditions." Lactation is none of these, a federal district court held last year, granting summary judgment to the employer. See our post of that decision here.
Reversing…
“I am Resigning” is Not a Request for FMLA Leave
By Jackson Lewis P.C. on
Posted in FMLA
Is a resignation a request for FMLA leave? Of course not most would say, but it depends on whether you ascribe to words their plain meanings. One of the more well-known exchanges concerning the meaning of words occurred between Humpty Dumpty and Alice in "Through the Looking Glass."
“When I use a word…‘it means just…
When Office Romances Go Wrong: Court Holds Mandatory Psychological Counseling Does Not Violate the ADA
By Jackson Lewis P.C. on
Posted in ADA
In a case with facts more akin to a soap opera than a lawsuit, a federal court in Michigan granted summary judgment to an employer, WLAA, who required an emergency medical technician to undergo psychological counseling as a condition of continued employment. Kroll v. White Lake Ambulance Authority, (W.D. Mich., May 22, 2013)…
EEOC Brings GINA Class Claim Challenging Family Medical History Inquiries
By Jackson Lewis P.C. on
Posted in GINA
The EEOC has brought a class action under the Genetic Information and Nondiscrimination Act (GINA) against a nursing and rehabilitation center, alleging that the defendant-employer "requires a class of applicants and employees to provide genetic information in response to questions about family medical history" as part of its pre-employment, return-to-work and annual medical exams of…