Yesterday, the EEOC announced that it had sued an employer for allegedly denying a new hire request to leave training early for an urgent medical evaluation related to her pregnancy and rescinded her job offer. These are just allegations. However, according to the EEOC complaint, the federal discrimination watchdog appears to…
Today’s lesson is about the interplay between the Americans with Disabilities Act, which requires employers to accommodate known disabilities absent undue hardship, and the Pregnant Workers Fairness Act, which took effect last year and also requires an employer to accommodate known limitations related to, affected by, or arising out of…
Last week, we discussed an FMLA policy that your business needs to rip from its employee handbook and burn with fire. This week, we revisit an Americans Disabilities Act policy that should end up on the paper shredder: the 100% healed policy. If your business has a policy that requires…
Folks, I’ve lost track of the number of disability accommodation requests on which I’ve counseled human resources concerning employee requests to work full-time from home. So, when I came across a recent decision from the United States Court of Appeals for the District of Columbia Circuit involving a failure-to-accommodate claim…
Employers that maintain a policy of treating any employee unable to return to work following the expiration of FMLA leave as having voluntarily resigned are begging for trouble. But don’t just take my word for it. According to a recent press release from the U.S. Equal Employment Opportunity Commission, the…
Let me set the scene for you. A teacher who had just taken leave under the Family Medical Leave Act during the height of the COVID-19 pandemic to undergo heart and kidney transplant surgeries learns that the school where he teaches is requiring in-school teaching. Because he is immunocompromised, his…
Back in the day, it could be difficult for a plaintiff claiming disability discrimination even to prove that they had a disability. Before Congress amended the Americans with Disabilities Act in 2008, the Supreme Court held that an impairment must be “permanent or long term” to qualify as a disability.…
To answer that question, I’ll first introduce you to “Jane.” Jane isn’t her real name, but we’ll go with it for this post. Jane claimed that her employer discriminated against her in violation of the Americans with Disabilities Act when it fired her because she had asthma. Her asthma, according…
A man walks into a job interview. Years earlier, he sustained an injury that caused him to walk with a limp and requires him to extend his leg when seated. He had applied for one of the company’s open positions. And since he satisfied the minimum experiential and educational requirements,…
No. At least not unless they drive a DeLorean powered by 1.21 gigawatts of electricity that can travel back through time to convert their retroactive request to a prospective one. That’s what I took away from a recent federal court decision involving a military veteran who suffers from Post-Traumatic Stress…