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Trouble Ahead, Trouble Behind: ADA Week continued

Darrell VanDeusen
Darrell VanDeusen
10/12/2023
ADA, EEOC, Employment Discrimination, Fitness For Duty Evaluations
Nearly everyone recognizes the Grateful Dead song “Casey Jones.”  It was first performed live by the Dead on June 20, 1969, at Fillmore East in New York (it’s track 8 on Workingman’s Dead).  It tells the true story of John Luther “Casey” Jones, from Cayce, Kentucky. Casey was a railroad engineer who drove a fast train and who died in 1900 when he collided with another train. A few days after the accident, Jones’s friend Wallace...
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Seventh Circuit Weighs In On Obesity Disability Debate

Kollman & Saucier
Kollman & Saucier
06/19/2019
Disability & Leave, Fitness For Duty Evaluations, obesity
In general, federal appellate courts addressing obesity claims under the Americans with Disabilities Act (ADA) have held that absent an underlying physiological disorder, obesity is not a disability. However, EEOC guidance suggests, and some lower courts have concluded, that morbid obesity alone is an impairment under the ADA. In a recent case, Richardson v. Chicago Transit Authority, Nos. 17-3508 and 18-2199 (7th Cir. 6/12/19), the Seventh Circuit...
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Have A Coke And A Smile . . . And A Fitness For Duty Evaluation

Kollman & Saucier
Kollman & Saucier
05/22/2013
Disability & Leave, Fitness For Duty Evaluations
In a recent decision, the Eleventh Circuit concluded that the Coca-Cola Company acted lawfully when it required an employee to undergo a “fitness for duty” evaluation where the inquiry was both job-related and consistent with business necessity.  Owusu-Ansah v. Coca-Cola Co., No. 11-13663 (11th Cir. May 8, 2013) Franklin Owusu-Ansah began working for Coca-Cola in 1999 at the company’s Dunwoody, Georgia call center.  Owusu-Ansah performed...
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