The EEOC’s challenge to “inflexible” leave policies continued this week, as the agency announced that it had sued Princeton HealthCare System for failing to reasonably accommodate employees who needed medical leave. According to the EEOC press release, Princeton HealthCare "fires employees" who are not qualified for FMLA leave and refuses to grant leave
accommodation
CELEBRATING THE ADA’S 20TH ANNIVERSARY WITH CASEY MARTIN: THE LAW AND THE LINKS
By Jackson Lewis P.C. on
Posted in ADA
Sitting in the Rose Garden on July 26, 1990, President G.W.Bush signed the Americans with Disabilities Act and, no doubt intending the historical analogy, declared it "the emancipation proclamation" for those with disabilities. To commemorate the ADA’s 20th Anniversary, I am going to re-read my favorite ADA case, the Supreme Court’s 2001 decision in PGA Tour…
Employee Rejects FMLA Leave Offer, Resigns, Claims Employer Denied Him Leave and Failed to Accommodate His Depression
By Jackson Lewis P.C. on
Sometimes it is unclear whether the employee is requesting leave that might be covered by the FMLA. This is not one of those situations. In Kobus v. The College of St. Scholastica, Inc., when the plaintiff told his supervisor in November 2006 that he would need to take time off for “stress and anxiety,&rdquo…
Leave as a Reasonable Accommodation Under the ADA
By Jackson Lewis P.C. on
Posted in ADA
Complying with the myriad of laws affecting medical leave continues to be a significant and growing challenge for employers. Making the decision whether and when to terminate an employee on medical leave is perhaps the most challenging, and carries significant risk. The EEOC’s recent challenges to “inflexible” leave policies–which resulted in a “record-setting” $6.2…
The Accommodation of the Incontinent Court Reporter
By Jackson Lewis P.C. on
Posted in ADA
Many reasonable accommodation cases are resolved in court but a court is not usually the defendant. But such was the case when a court reporter sued the Office of the Chief Judges of various Illinois circuit courts for failing to accommodate her incontinence.