A passenger in a wheelchair being pushed to the front of the security and screening lines is a common sight at an airport. No one expects that after clearing security, that passenger is going to jump out of the chair and rush into the terminal, travel bags in hand. But that is occurring regularly and
Jackson Lewis P.C.
Common Sense and the ADA
By Jackson Lewis P.C. on
Posted in ADA
From time to time, I ruminate about the relationship between common sense and the ADA. It might be when cogitating about whether showing up for work is an essential function of a job. Or when pondering whether a bridge worker with agoraphobia is a qualified individual with a disability. In framing arguments on such issues…
Arriving to Work on Time Might Not be An Essential Job Function under ADA
By Jackson Lewis P.C. on
Posted in ADA
Arriving to work on time might not be an essential function if the late employee would still be able to complete his work in a timely manner, according to the Second Circuit Court of Appeals. McMillan v. City of New York (2nd Cir. March 4, 2013).
The plaintiff, a case manager for NYC’s Human Resources…
Common Sense Prevails: Driving a Fire Engine is an Essential Function of a Firefighter’s Position
By Jackson Lewis P.C. on
Posted in ADA
Sometimes common sense seems to provide the answer to an “essential function” question, but not always. For example, we posted recently about a case where the issue was whether hearing was an essential function of a lifeguard position. Common sense may suggest the answer is “of course” but then we noted that the lifeguard with…
“Family Friendly America” Needs Expanded FMLA, National Partnership Says
By Jackson Lewis P.C. on
Posted in FMLA
For the 20th Anniversary of the FMLA, the National Partnership for Women and Families urges changes to provide more employees with more protected leave to “advance the FMLA’s promise of a family friendly America.”
The amendments proposed include adoption of a national family and medical leave insurance program, funded by employer and employee contributions, to…
Dishonesty Concerning Vacation While on FMLA Leave Leads to Termination
By Jackson Lewis P.C. on
Posted in FMLA
Recall our post concerning the employee on FMLA who went to Cancun to recover from surgery. The court upheld her termination for violating a rule that those receiving wage replacement benefits must stay in the immediate vicinity of their homes.
Now comes a nurse on FMLA with a back and leg injury, collecting disability benefits, who…
Relying on Poor Performance Caused by Disability to Deny ADA Accommodation “Troubling”; Turns “Reasonable Accommodation on its Head”
By Jackson Lewis P.C. on
Posted in ADA
To what extent may an employer deny a requested accommodation because of on an employee’s poor performance which is caused by a disability?
The Federal Reserve Bank of New York denied an employee’s request to telecommute or to relocate his office to a different Fed building because the employee had been rated as “below standards” in…
Who Cares? DOL’s Roadmap on “Caring for” an Adult Child under FMLA
By Jackson Lewis P.C. on
A parent otherwise eligible for FMLA leave can use that leave to care for a child 18 years of age or older, if that child (1) has a “disability” under the ADA; (2) is incapable of self-care due to that disability; (3) has a “serious health condition” under the FMLA; and (4) needs care due…
Appeals Court Resuscitates Deaf Lifeguard’s ADA Accommodation Claim
By Jackson Lewis P.C. on
Posted in ADA
Is a deaf person qualified to be a wave pool lifeguard? Before answering, consider that the lifeguard holding the record for most “saves”–more than 900–is Leroy Columbo, who was a deaf man.
In Keith v. County of Oakland (6h Cir. January 10, 2013), the plaintiff, deaf since birth, had completed the County’s lifeguard training…
And Yet Another Multi-Million ADA Settlement Involving an Inflexible Leave Policy
By Jackson Lewis P.C. on
Posted in ADA
There was this one, this one, and now yet another multi-million dollar settlement with the EEOC involving allegations that an employer had an inflexible leave policy. The EEOC announced that Dillard’s had agreed to pay $2 million as part of a consent decree to resolve the agency’s allegations relating to the company’s medical…