An employee who twice failed to complete a substance abuse treatment program was not protected by either the ADA or FMLA, according to the Fifth Circuit. Shirley v. Precision Castparts et al (5th Cir. August 12, 2013). The employer terminated the employee for leaving a treatment program prior to being properly discharged, as required by
Refusal to Try Respirator Takes the Air Out of ADA Accommodation Claim
By Jackson Lewis P.C. on
Posted in ADA
A lab worker with health problems as a result of her work with a solvent submitted the following request for an accommodation: “Avoid any type of work where she would have exposure to organic solvents. Transfer to another line of work. Avoidance of irritants.”
The employer denied the request but offered the plaintiff a full…
Post-Stroke Sheriff Psychologically Unfit For Duty; ADA Claim Rejected
By Jackson Lewis P.C. on
Posted in ADA
A terminated sheriff’s failure to refute a psychologist’s claim that he had lingering psychological deficits from a stroke that would interfere with his ability to perform his job led the Tenth Circuit Court of Appeals to affirm summary judgment for the County on the sheriff’s ADA claims.
The sheriff’s doctor had cleared him to return…
Working Full Time is Sometimes Necessary to Get the Job Done
By Patricia Anderson Pryor on
Posted in ADA
An essential function of full time work is that an employee actually work full time! The U.S. Court of Appeals for the Sixth Circuit recently concluded that an individual who requested that she be allowed to continue working part time did not request a reasonable accommodation under the ADA. White v. Standard Insurance Co.,…
The U.S. Access Board and ADA National Network to Host Free Webinar on Web Accessibility under the ADA
By Joseph J. Lynett on
Posted in ADA
On July 11, 2013, the U.S. Access Board and the ADA National Network will host a free webinar providing a “walk thru” of the Web Content Accessibility Guidelines (WCAG), also known as WCAG 2.0. The WCAG are published and maintained by the World Wide Web Consortium (W3C) and are the internationally recognized standards for web…
Supreme Court Retaliation Ruling Likely to Affect ADA Retaliation Standard
By Jackson Lewis P.C. on
Posted in ADA
The Supreme Court held this week that a plaintiff bringing a retaliation claim under Title VII must establish that the adverse employment action would not have occurred “but-for” an improper motive on the employer’s part, rejecting the lesser “motivating factor” standard. University of Texas Southwestern Medical Center v. Nassar, (USSupCt, June 24, 2013. This…
Amputee’s Request for Breaks May Be Request for ADA Reasonable Accommodation
By Jackson Lewis P.C. on
Posted in ADA
An amputee’s request for work breaks to adjust his prosthesis may be a request for an accommodation under the ADA, according to a federal district court. Morton v. Cooper Tire & Rubber (N.D. MS, June 18, 2013). The employee was training to operate a machine which ran for twelve hour shifts. To complete the training…
Federal Agencies Serve Notice To Nation’s Health-Related Schools Concerning Hepatitis B Discrimination
By Joseph J. Lynett on
Posted in ADA
The Departments of Justice, Education and Health and Human Services issued a joint letter to the nation’s medical schools, dental schools, nursing schools, and other health-related schools regarding hepatitis B discrimination. In the letter, the departments express concern that some health-related schools may be making enrollment decisions based on an incorrect understanding of the hepatitis…
Denying Request to Change Worksite Supports ADA Constructive Discharge Claim
By Jackson Lewis P.C. on
Posted in ADA
A plaintiff’s claim that she was constructively discharged because her employer refused to transfer her to an office closer to the place where she received therapy to deal with the pain caused by her arthritis has survived her employer’s motion to dismiss.
The plaintiff worked in the home office of a child welfare agency. She…
Website Accessibility and the ADA
By Jackson Lewis P.C. on
Posted in ADA
Jackson Lewis Partners Joseph Lynett and John Snyder have written an article entitled "Website Accessibility and the Americans with Disabilities Act," published in American Bar Association. To view the article, click here.