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The Employer Handbook BlogWhen 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. Continue reading
Articles Posted in Disability
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. Continue reading
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. Continue reading
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. Continue reading
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. Continue reading
Can Requiring an Employee to Attend Counseling Be Discrimination?
When an employer believes an employee may have mental health concerns, requiring counseling as a condition of continued employment can create serious legal risk. And after a 2024 Supreme Court decision lowered the legal bar for what counts as an “adverse action,” that choice could be a fast track to the courtroom. Continue reading
Retaliation Under State vs. Federal Law: Why Some States Might Give Employees an Edge
When it comes to workplace retaliation, the difference between winning and losing can hinge on whether you are in state court or federal court. A recent New Jersey appellate decision reinforces that state anti-discrimination laws may not just mirror federal law – in some ways, they can give employees broader protection. Continue reading
The Bar for ADA Coverage Is Low, But Not THAT Low
In most ADA cases, the question of whether an employee has a disability isn’t in serious dispute. Courts typically move quickly to focus on accommodations or workplace conduct. But in this case, the court stopped at step one, finding that the employee hadn’t shown he had a disability at all. Continue reading
When Is Extended Leave No Longer a Reasonable Accommodation?
An employee has been out for months. She’s still recovering, still hopeful, and still not ready to come back. How much leave is too much? A recent Fourth Circuit decision shows how courts evaluate the point at which an employer is no longer obligated to wait. Continue reading
When Your Spouse Is Ill, What Does the ADA Really Protect?
A new Eleventh Circuit decision shows just how limited associational disability discrimination claims can be. Continue reading