Determining when to terminate an employee on a leave of absence for medical reasons is a challenge under any circumstances. No “inflexible” rules can be applied, not even “equal treatment.”  As part of its deliberations, an employer must make an individualized assessment to determine if, when, and under what circumstances an employee can return to

Sometimes a case makes you wonder. Bruce Casanova, a former American Airlines baggage handler, told the jury he lied to American and feigned forgetfulness in an “Article 29F” investigation of his work related injury, and refused to provide a written statement concerning the circumstances of his injury as required by the collective bargaining agreement

When a law, such as the ADA, restricts an employer’s rights to take reasonable, measured steps to promote workplace safety, it ought to be re-examined.  Years ago, Justice Souter observed that preventing employers from considering "risk to self," an ADA rule many disability rights advocates had sought, would have put the ADA at "loggerheads" with federal OSHA policy requiring employers to ensure the

Many employers limit “transitional work” or “light duty” to individuals with work-related injuries. But is such a practice lawful? Most believe it is. Many years ago, in fact, the EEOC specifically endorsed the practice, with some caveats, in its Enforcement Guidance on the ADA and Workers’ Compensation. However, in a September 2009 EEOC press release