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.
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 where the employer insisted on a 100% telework accommodation, I read with interest, as we lawyers like to say.
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. Continue reading
Back in the day, it could be difficult for a plaintiff claiming disability discrimination even to prove that they had a disability. Continue reading
To answer that question, I’ll first introduce you to “Jane.” Continue reading
A man walks into a job interview. Continue reading
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. Continue reading
The Americans with Disabilities Act makes employers responsible for reasonably accommodating individuals with disabilities unless doing so will create undue hardship. However, accommodating employees with disabilities is not a perfect science.
Fortunately, a recent Eighth Circuit Court of Appeals decision provides employers with some helpful tips. Continue reading
Earlier this month, a federal appellate court poked holes in what many considered an infallible employer defense to employee discrimination claims known as the “good-faith belief” doctrine. Continue reading
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