In a welcome decision to employers, the Third Circuit decided last week, for the first time, that an employer’s mere “honest belief” that an employee misused FMLA leave is sufficient to defeat a retaliation claim. As an employee claiming retaliation for using protected FMLA leave must prove that the very exercise of that right was a … Continue Reading
In an important “win” for employers that has potentially widespread implications, the Sixth Circuit Court of Appeals, sitting en banc, reinstated summary judgment dismissing claims asserted by the Equal Employment Opportunity Commission (EEOC) that Ford Motor Company failed to accommodate a former employee’s request under the Americans with Disabilities Act (ADA) to telecommute up to … Continue Reading
On May 15, 2013, the Equal Employment Opportunity Commission (“EEOC”) issued revised guidance for employers with respect to employees with epilepsy, cancer, diabetes, and intellectual disabilities. The guidance is contained in the EEOC publication “Disability Discrimination: The Questions and Answers Series,” and is posted on the EEOC’s website, http://www.eeoc.gov/laws/types/disability.cfm. The recommendations address the expanded definitions … Continue Reading
On October 26, New Jersey’s Appellate Division held in A.D.P. v. ExxonMobil Research & Engineering Co. that a private-sector, non-union employer’s blanket policy requiring any employee returning from an alcohol rehabilitation program to submit to random alcohol testing, applicable only to those identified as being “alcoholic” and divorced from any individualized assessment of the employee’s performance, was facially discriminatory under the Law Against Discrimination (LAD) — a conclusion that would likely be the same under the federal Americans with Disabilities Act (ADA).
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With the enactment of the ADA Amendments Act, there has been much attention focused on the expanded definition of a disability in which many, if not most, medical conditions qualify as a disability under the Act. However, perhaps overlooked, is that an employee who is disabled must still be qualified to perform the essential functions … Continue Reading
The Americans with Disabilities Act (ADA) was enacted in 1990 to prevent employment discrimination on the basis of an employee’s disability. While the definition of disability has not changed with the enactment of the ADA Amendments Act of 2008 (ADAAA) and the final regulations promulgated thereunder, the scope of the definition has been expanded with specific … Continue Reading