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

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

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

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

supreme courtIn case your news and twitter accounts are down, and you otherwise have not heard the news…   President Trump has nominated Judge Gorsuch from the U.S. Court of Appeals for the Tenth Circuit to fill Justice Antonin Scalia’s vacant Supreme Court seat.  There are surely countless articles about his nomination hitting the airwaves even as I type this, but for employers who struggle with leave management issues, a quick review of the Hwang v. Kansas State University decision, authored by Judge Gorsuch, may provide employers with hope that leave management law could move in the right direction. 
Continue Reading Supreme Court Nominee Has Put “Reasonable” into Reasonable Accommodation Obligations

The Equal Employment Opportunity Commission (EEOC) suffered a setback in its attempt to establish that the Americans With Disabilities Act (ADA) requires an employer to reassign an employee to an available position without having to compete with other candidates for that position.  In EEOC v. St. Joseph’s Hospital, the Eleventh Circuit Court of Appeals

The most famous reindeer of all may be Rudolph, but St. Nick has the lock on being the most famous driver in the entire transportation industry. And with such an incredible safety record and history of on-time deliveries, would we ever think of Santa as being disabled under the ADAAA?
Continue Reading Is Santa Disabled? Obesity, The ADAAA, and The Most Famous Driver Of All