In a case with facts more akin to a soap opera than a lawsuit, a federal court in Michigan granted summary judgment to an employer, WLAA, who required an emergency medical technician to undergo psychological counseling as a condition of continued employment. Kroll v. White Lake Ambulance Authority, (W.D. Mich., May 22, 2013)
DOJ Says Don’t Make Disabled Passengers Call In Advance for A Bus Ride
By Joseph J. Lynett on
Posted in ADA
The U.S. Department of Justice (DOJ) has reached a settlement with DeCamp Bus Lines, a New Jersey transportation company, to ensure that bus transportation is provided on equal terms to people with disabilities. The DOJ determined that DeCamp Bus Lines violated Title III of the Americans with Disabilities Act by requiring that passengers with disabilities…
EEOC’s Record Jury Verdict of $240 Million in ADA Turkey Farm Case Reduced to $1.6 Million
By Patricia Anderson Pryor on
Posted in ADA
In what the EEOC has called “one of its finest moments” in its effort to “combat employment discrimination,” a jury awarded $240 million to 32 individuals in an ADA case brought by the EEOC. It was the EEOC’s largest jury verdict ever. The award for compensatory and punitive damages amounted to $7.5 million per individual.…
Mammography Tech with Epilepsy Unqualified under ADA Because Unconscious During Seizures
By Jackson Lewis P.C. on
Posted in ADA
A mammography tech with epilepsy is not a qualified individual with a disability under the ADA because she cannot perform the essential functions of her job "during the indefinite periods in which she was incapacitated," according to the Eighth Circuit Court of Appeals. Olsen v. Capital Region Medical Center (8th Cir. May 7, 2013). We…
EEOC Issues Revised Guidance on ADA’s Application to Certain Disabilities
By Joseph J. Lynett on
Posted in ADA
On May 15, 2013, the EEOC issued revised “Q & A” documents addressing how the ADA applies to job applicants and employees with cancer, diabetes, epilepsy and learning disabilities. http://www.eeoc.gov/eeoc/newsroom/release/5-15-13.cfm
Each of the revised Q & A documents also answers questions about topics such as: when an employer may obtain medical information from applicants and…
Flexible Work Schedule Not a Reasonable Accommodation under ADA When Punctual, Regular Attendance is an Essential Function
By Jackson Lewis P.C. on
Posted in ADA
A flexible work schedule is not a reasonable accommodation if it will not allow the employee to perform the essential functions of her job, which can include regular and punctual attendance, according to the Tenth Circuit. Murphy v Samson Resources Co. (10th Cir. May 8, 2013). The court affirmed summary judgment in favor of the…
FMLA Leave: Pre-Post Protected; Pre-Pre Not
By Jackson Lewis P.C. on
Posted in ADA
Are employees who request FMLA leave before they are eligible for the leave entitled to the protections of the FMLA? It depends on whether the employee requesting leave will be eligible at the time of the leave.
The Eleventh Circuit Court of Appeals has held that the FMLA protects a pre-eligibility request for post-eligibility leave.
EEOC to Explore Treatment of Wellness Programs Under Federal Law
By Jackson Lewis P.C. on
Posted in ADA
The Equal Employment Opportunity Commission (EEOC) is holding a public meeting this Wednesday, May 8, 2013, to discuss how wellness programs should be treated under various federal laws such as the Americans with Disabilities Act (ADA), the Genetic Information Nondiscrimination Act (GINA) and other statutes enforced by the EEOC.
The EEOC will hear from at…
Still Waiting for ADA “Voluntary” Wellness Plan Guidance from EEOC; But Does it Really Matter?
By Jackson Lewis P.C. on
Posted in ADA
The EEOC passed yet again on the opportunity to provide guidance on the meaning of “voluntary” under the ADA as it applies to wellness plans. Guidance would be helpful because the ADA, the EEOC regulations, and the EEOC’s Interpretive and Enforcement Guidance permit employers to conduct voluntary medical examinations, including voluntary medical histories, as part of…
Airport Wheelchair “Miracles” Occurring Regularly
By Jackson Lewis P.C. on
Posted in ADA
A passenger in a wheelchair being pushed to the front of the security and screening lines is a common sight at an airport. No one expects that after clearing security, that passenger is going to jump out of the chair and rush into the terminal, travel bags in hand. But that is occurring regularly and…