In Cleveland v. Policy Management Systems Corp., the United States Supreme Court created a framework for analyzing how inconsistent statements on applications for disability benefits concerning a plaintiff’s ability to work affect an ADA claim.The analysis focuses on whether the plaintiff’s statements “genuinely conflicted with her ADA claim” and if so, whether the plaintiff
“Family Friendly America” Needs Expanded FMLA, National Partnership Says
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…
Mammography Tech with Epilepsy Not Qualified under ADA and a Direct Threat of Harm
An ADAAA “rule of construction” is that an episodic impairment is a disability if it would substantially limit a major life activity when active. A Missouri federal district court has held that whether an employee with an episodic impairment is a qualified individual with a disability is also determined when the impairment is active. The court…
Rotating Assignments as an Essential Job Function under the ADA: The Cases of the Acrophobic Bridge Worker and Incontinent Court Reporter
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…