The Supreme Court of the United States agrees to hear—“grants certiorari”—very few cases. Because of this, the maxim has developed that ““it’s a long, long way to certiorari,” a variation of the British music hall song, “It’s a Long Way to Tipperary.” One of the reasons the Supreme Court may agree to hear a case
treatment
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…
Running Medical Errands is Not “Treatment” Under the FMLA
By Jackson Lewis P.C. on
Posted in FMLA
An employee’s taking a morning off to make an unannounced visit to his physician’s office to get a prescription refill and confirm that referral paperwork for an appointment that afternoon had been completed was not protected by the FMLA because the visit was not “treatment” for a serious health condition, the Seventh Circuit has held.