Recall the incontinent court reporter. She had a steady assignment compatible with her medical condition until the chief judge required court reporters to rotate through all courtrooms. In the lawsuit challenging the court reporter’s termination, the court held that rotating was an essential function of the court reporter’s job and because she could not do
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Referring Mystic for Counseling Leads to ADA “Regarded As” Claim
By Jackson Lewis P.C. on
Posted in ADA
When an employee complains of harassment, the employer response is to investigate and take appropriate remedial action. In Kagawa v. First Hawaiian Bank/Bancwest Corp., the employer responded accordingly and is now a defendant in an ADA “regarded as” claim.
The plaintiff, a Senior Credit Analyst, alleged that she is a mystic, hears God’s voice…
Courts Split on Employer’s ADA Obligation to Accommodate Commute
By Jackson Lewis P.C. on
Posted in ADA
Reversing summary judgment for the employer, the Second Circuit said that “in certain circumstances, an employer may have an obligation to assist in an employee’s commute” to work as a reasonable accommodation. The Court cited its observation in an earlier decision that “there is nothing inherently unreasonable…in requiring an employer to furnish an otherwise qualified…
Connecticut First to Impose Paid Sick Leave Requirement
By Jackson Lewis P.C. on
Posted in Leave
Connecticut has become the only state to require employers to provide paid sick leave to employees. On July 1, 2011, Governor Dannel Malloy signed into law Public Act No. 11-52, An Act Mandating Employers Provide Paid Sick Leave to Employees.
Beginning January 1, 2012, a covered employer must provide paid sick leave annually to each…
Who Cares, Where? Being There Required for FMLA “Caring For” Claim
By Jackson Lewis P.C. on
Posted in FMLA
Recall our recent posts about an employee who took the day off to clean his mother’s flooded basement and argued his absence was protected under the FMLA because he was “caring for” her, and about an employee who took two days off to provide “comfort and support” to his mother after she attended a friend’s…
Vacationing on FMLA: Court Upholds Restrictions on Employee Travel During FMLA Leave
By Jackson Lewis P.C. on
Posted in FMLA
“FMLA abuse’ ‘medical leave abuse’ ‘vacationing while on leave’…
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Wisconsin Preempts Local Family and Medical Leave Laws, Voids Milwaukee Paid Sick Leave Ordinance
By Jackson Lewis P.C. on
Posted in FMLA
‘preemption’ ‘local leave law’ ‘Milwaukee Paid Sick Leave Ordinance’ ‘paid sick leave’…
Continue Reading Wisconsin Preempts Local Family and Medical Leave Laws, Voids Milwaukee Paid Sick Leave Ordinance
Ohio Manufacturer Pays $120,000 to Settle EEOC Litigation with Caregiver Discrimination Allegations
By Jackson Lewis P.C. on
Posted in ADA
‘caregiver responsibilities’ ‘caregiver discrimination’ ‘associational discrimination’…
Continue Reading Ohio Manufacturer Pays $120,000 to Settle EEOC Litigation with Caregiver Discrimination Allegations
Former Drug User May Be Current Drug User Under the ADA
By Jackson Lewis P.C. on
Posted in ADA
It seems anomalous for an individual to be both a former and current user of illegal drugs at the same time. But perhaps not so anomalous under the ADA, according to the Tenth Circuit’s recent decision in Mauerhan v. Wagner Corporation.
The ADA exempts from its protection those who are current users of illegal drugs…
Lights Out on Broadway; Court Extinguishes FMLA Retaliation Claim
By Jackson Lewis P.C. on
Posted in ADA
‘attendance’ ‘discipline’ ‘legitimate non-discriminatory reason’ ‘retaliation’…
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