Disability & Leave

Earlier this month, the Seventh Circuit Court of Appeals joined several other federal courts of appeal by explicitly holding that a claim for hostile work environment based on disability is cognizable under the ADA.  Ford v. Marion County Sheriff’s Office, et al., No. 18-3217 (7th Cir. 11/15/19). Ford worked as a deputy for the Marion […]

Is an employee’s temporary gastrointestinal distress as a result of his failure to take prescribed medication properly a covered disability?  Not under California’s Fair Employment and Housing Act (FEHA), according to a recent decision out of California State court.  Smith v. Space Exploration Technologies Corp., No. B289189 (Cal. App. 2d 11/1/19). Smith worked for Space […]

The Sixth Circuit, headquartered in Cincinnati, has affirmed a decision that the termination of an employee with cancer following his return from FMLA leave was not a pretext for discrimination.  Williams v. Graphic Packaging International, Inc.  The employee in question, an upper level supervisor, was apparently mismanaging and intimidating his employees, which only came to […]

“Being regarded as having” a disability is covered by the ADA.  “Being regarded as will be having” a disability is awkward to say — and not covered by the ADA.  This is the conclusion at which the Seventh Circuit recently arrived in Shell v. Burlington Northern Santa Fe Railway Co., No. 19-1030 (7th Cir. 10/29/19). […]

Employers may wish to avoid learning the details about their employees’ medical conditions.  But trying to avoid such knowledge does not necessarily absolve employers of applicable reasonable accommodation obligations under the ADA.  A recent case out of the Eighth Circuit demonstrates the importance of engaging in the interactive process when an employee asks for an […]

Last week, the Supreme Court denied Domino’s Pizza’s request to review a Ninth Circuit decision, Robles v. Domino’s Pizza, LLC, No. 17-55504 (1/15/19), that holds the Americans With Disabilities Act (ADA) requires stores and other businesses to make online services accessible to disabled persons.  The decision (or lack of) returns the case to a California […]

How should an employer react when its employee reports needing time off to care for a sick or disabled relative or friend?  The Second Circuit recently weighed in on an ADA associational discrimination claim arising in part from an employer’s denial of a former employee’s schedule modification request to care for his disabled daughter.   Kelleher […]

Under the Americans with Disabilities Act, an employer may require medical examinations or make inquiries of employees about disabilities as long as the such examinations or inquiries are job related and consistent with business necessity.  The employer bears the burden of proof of business necessity and job relatedness.  Frequently, issues arise when employees develop medical […]