We posted previously about the Seventh Circuit holding in EEOC v. United Airlines that, in deciding whether a disabled employee who cannot perform the essential functions of his or her position is entitled to a vacant position as an accommodation under the ADA, the employer must disregard its policy of awarding positions to the best-qualified
mandatory
Seventh Circuit Tips Balance on ADA’s Accommodation of Last Resort
By Jackson Lewis P.C. on
Posted in ADA
When an employee cannot perform the essential functions of his or her position, with or without an accommodation due to a disability, an employer must consider “the accommodation of last resort”—transfer to a vacant lateral or lower position for which the employee is qualified.
Circuit courts had been evenly divided on whether an individual with…
FMLA Claim Must Be Arbitrated Due to Union Contract Waiver of Judicial Forum
By Jackson Lewis P.C. on
Posted in FMLA
An employee must arbitrate his FMLA claim where the labor contract governing his employment waived his right to pursue employment claims in court, according to the United States Court of Appeals for the Eighth Circuit. Thompson v. Air Transport Int’l LLC (12/28/11). The Court relied on the Supreme Court’s 2009 decision in 14 Penn Plaza …