Category: Disability & Leave

The Eleventh Circuit Court of Appeals recently held a plaintiff's own testimony about his medical condition and the restrictions/limitations he experienced was sufficient on its own for a jury to be able to decide if the individual was disabled under the Americans with Disabilities Act (ADA).  In Sugg v. City of Sunrise, Mr. Sugg was the Chief Electrical Inspector for the City.  Shortly into his employment, he suffered a heart attack.  After just...

Employers are sometimes skittish about taking an adverse employment action for legitimate reasons against an employee who has exercised their protected rights, fearing the almost inevitable claim of retaliation.  Indeed, it seems nearly every EEOC charge I get alleges retaliation even when the facts demonstrate it wasn’t remotely possible.  That, of course, is not the way things are supposed to work.  An employee does not insulate themselves...

Employees sometimes assert that they suffer from stress or anxiety because they cannot work with a particular supervisor or coworker or at a particular busy or stressful location.  These claims are usually unsuccessful, but they may fare better when a large employer has the option or flexibility to transfer an unhappy employee. In one recent case, a court ruled that an employee who was denied a transfer from a particular location that caused him...

Employers sometimes need to be reminded that a reasonable accommodation can be an easy thing.  Refusing to make one without first engaging in the “interactive process” can result in prolonged litigation. After all, everyone is entitled to their decade in court. Today’s story involves a former VA employee who the Eleventh Circuit decided will be able to have a jury decide if she was illegally denied permission to park in the VA lot for...

While courts have said repeatedly about the ADA that an employee need not use magic words or even the phrase “reasonable accommodation” when making such a request, the case of Powley v. Rail Crew Xpress, LLC, No. 21-1131 (8th Cir. Feb. 15, 2022), is a good reminder that the ADA does require employees to provide sufficient information to an employer that a health issue could be a disability interfering with the ability to work and necessitating a...