Supervisors sometimes say things they should never say. When that happens, employers usually brace for impact. But this case shows how strong documentation and independent decision-making can prevent one person’s bad behavior from controlling the outcome. TL;DR: A supervisor mocked an employee’s VA disability rating, and the employee reported…
Articles Posted in Disability
When “Good Times Bad Times” Still Trigger ADA Coverage
Led Zeppelin was decades ahead of the ADA, but “good times, bad times” captures exactly how episodic disabilities can look in the workplace. Some employees have great days. Others have rough days. Most have both. And under the ADA, those fluctuating limitations still count. A recent Sixth Circuit decision…
🏠 Employee Refused to Return to the Office Over “Mold.” The Court’s Response? Breathe Deep and Report Back to Work.
A Detroit nonprofit employee said the air in her office made her sick after a flood. She claimed the Americans with Disabilities Act (ADA) let her work from home instead. Her doctor agreed she should avoid mold but never said she couldn’t come in. After a short remote stint, she…
How an Employer Won an ADA Case by Offering a Different Job Instead of More Leave
A recent Eleventh Circuit decision highlights that offering reassignment instead of extending medical leave can be a reasonable accommodation under the ADA when the reassignment fits the employee’s restrictions and the circumstances. The court said the employer acted lawfully by offering another available position rather than more leave, which…
The Unicorn of Accommodation Cases: The Disabled Worker Who Refused to Telework
Most accommodation cases start with an employee asking to stay home.This one features the rare unicorn: a disabled worker who fought for the right to come in. TL;DR: A disabled IRS employee sued under the Rehabilitation Act after the agency required telework during COVID and turned down his request for indefinite…
When Unpaid Leave Helps Under the ADA but Hurts Under Title VII
The same unpaid leave that protects an employer in one case can create liability in another. TL;DR: Unpaid leave can be a lawful, reasonable accommodation under the Americans with Disabilities Act (ADA) when an employee truly cannot work. But after the Supreme Court’s Muldrow decision lowered the bar for…
How a “Reasonably Informed” Investigation Saved This Employer in Court
Employers often worry that if they don’t run a picture-perfect investigation, a court will second-guess their decision. The Sixth Circuit just reminded everyone that the law doesn’t demand perfection; it demands reasonableness. And one employer’s measured, fact-based approach was enough to win. TL;DR: A truss manufacturer fired a production-line employee…
What if an employee with work-related anxiety says she won’t return “until further notice”?
Anxiety, grievances, and open-ended leave requests can leave HR stuck between compassion and compliance. A federal appellate court just clarified what the ADA does, and does not, require. TL;DR: An employee told her employer she could not return “until further notice” because of anxiety. The Eleventh Circuit held that such…
What happens when a nurse tests positive for opiates, claims bias, and sues under four different statutes?
Missing narcotics. A dazed nurse. Co-workers whispering. A trip to the ER. It sounds like the plot of a medical drama, but it was the real backdrop for a recent Seventh Circuit employment case. The outcome offers lessons for every employer, not just hospitals. TL;DR: A nurse fired after opioids…
Even Small Accommodation Requests Can Trigger Big ADA Problems
Sometimes it is not the big-ticket accommodations that land an employer in court. It is the small ones, like a few stretch breaks, that can become costly mistakes. TL;DR: A federal judge in Illinois refused to dismiss an ADA lawsuit after an employee alleged that her employer denied requests for…