A recent decision from the District Court for the District of Nebraska serves as a reminder that overtime can be an essential job function. See McNeil v. Union Pac. R.R._ 2018 U.S. Dist. LEXIS 85250. On May 21, 2018, Union Pacific Railroad Company’s (“Union Pacific”) motion for summary judgment was granted and the Court
New York Federal Court Finds Alcoholism Is “Impairment,” Not Necessarily A Disability, Under the ADA
By Jackson Lewis P.C. on
Posted in ADA, Alcoholism
It seems axiomatic that a disability discrimination claim requires the plaintiff to suffer from a disability. In Johnson v. N.Y. State Office of Alcoholism & Substance Abuse Servs., No. 16-cv-9769 (RJS) (S.D.N.Y., March 13, 2018), a judge in the Southern District of New York dismissed a pro se plaintiff’s complaint for failure to allege…
Donations Not Accepted – ADA Does Not Require Continued Use of Leave Donation Program
By Tasos C. Paindiris on
Many employers have programs allowing employees to donate their own time off to another employee with serious medical or family issues. A dilemma often faced by employers with these policies is whether continued use of such donated time means the employee is not performing the essential function of attendance. On the one hand, the employee…
The Essential Role of the Job Description
By Ellison F. McCoy on
Posted in ADA, Disability Accommodation
Failure to accommodate claims under the Americans with Disabilities Act frequently stand or fall on a determination of the essential functions of the position at issue. Since the ADA requires an employer to provide a reasonable accommodation that will allow an employee to perform the essential functions of the position that the employee holds or…
The Fate of the EEOC’s Wellness Regulations is Still Uncertain
By Jackson Lewis P.C. on
In October 2016, AARP sued the Equal Employment Opportunity Commission (“EEOC”) under the Administrative Procedures Act (“APA”) arguing that there was no explanation for the shift in the EEOC’s position relating to what makes participation in a wellness program “voluntary”. Originally, the EEOC argued that in order for a wellness program to be “voluntary,” employers…
Alabama Court Decides an Individual with a Partially Amputated Foot is not Disabled Under the ADA
By Tasos C. Paindiris on
Posted in ADA, Disability Accommodation
The ADA Amendments Act of 2008 (ADAAA) made a number of significant changes to the definition of “disability.” Much of the change had to do with making it easier for an individual to establish that he or she has a disability within the meaning of the statute. As a result employers have been accepting many…
Extending Leave Was Not A Reasonable Accommodation Under The ADA Where There Was A Lack Of “Certainty” About Return To Work Date
By Tasos C. Paindiris on
While employers generally accept that they cannot apply a maximum leave period after which employees are automatically terminated, they continue to struggle with how much leave must be provided as a form of accommodation under the ADA. There is little dispute that leave for an indefinite period where the employee has a long term chronic …
New Mexico Court Rules Employee Is Entitled To Nationwide Discovery in FMLA Case
By Jackson Lewis P.C. on
On October 10, 2017, Judge Ritter issued the Memorandum Opinion and Order which granted a former employee’s Motion to Compel and held that the former employee was entitled to information from the company’s nationwide offices relating to other employees fired under the company’s 100% healed policy and other FMLA or ADA complaints.
Matthew Donlin (“Donlin”)…
ADA Compliance Challenges: Navigating the Over-accommodation Conundrum
By Katrin U. Schatz on
Posted in ADA
Make no mistake about it: ADA compliance can be challenging. This is especially true when it comes to providing reasonable accommodation. Not uncommonly, managers wanting to do the right thing actually provide more than the law requires. Although well-intentioned, this practice often leads to conflict if more generous accommodations are later scaled back. Thankfully, a…
Who’s Responsible for Providing Disability-Related Workplace Accommodations to Temporary Employees?
By Joanne Braddock Lambert on
Posted in ADA, EEOC Guidance
Many businesses use temporary workers placed by staffing agencies. But who is responsible when a temporary worker requests a disability accommodation? The staffing agency and the business could both be responsible if they are acting as “joint employers” under the Americans with Disabilities Act (ADA).
Staffing agencies commonly “employ” temporary workers: hire the workers, pay…