ADA
When is Obesity a Disability under the ADA?
Complying with the Americans with Disabilities Act poses difficult challenges for employers, and one of the toughest issues to come along in recent years is how to deal with obese employees. Thanks to a new decision by the Seventh Circuit Court of Appeals, the law appears to be settling on the principle that obesity only…
Read MoreSeventh Circuit: Obesity Alone Is Not A Disability Under the ADA
As we previously reported, the issue of whether obesity is a legally-protected impairment is complex, and jurisdictions differ on the extent to which they consider obesity to be a disability under the Americans with Disabilities Act (“ADA”). On June 12, 2019, the United States Court of Appeals for the Seventh Circuit joined the Second, Sixth,…
Read MoreRed Flag: When An Employee Raises ADA Issues During Disciplinary Meetings
The need to consider Americans with Disabilities Act (ADA) accommodations can happen at any time during the employment relationship. Generally, an employee will ask for an accommodation before problems with performance emerge. Sometimes, however, an employee decides to notify you of the need for an accommodation when an investigation is underway, when they are being disciplined, or…
Read MoreFourth Circuit Reaffirms That Regular, Reliable Attendance Is Essential Function Of Most Jobs
The Fourth Circuit Court, located in Richmond, Virginia, with appellate jurisdiction over the district courts in the following districts: District of Maryland, Eastern District of North Carolina, Middle District of North Carolina, Western District of North Carolina, District of South Carolina, Eastern District of Virginia, Western District of Virginia, Northern District of West Virginia, and…
Read MoreThe Americans with Disabilities Act Prohibits Hostile Work Environments, Second Circuit Rules
On March 6, 2019, the U.S. Court of Appeals for the Second Circuit, whose territory comprises the states of Connecticut, New York, and Vermont, and appellate jurisdiction over the district courts in the District of Connecticut, Eastern District of New York, Northern District of New York, Southern District of New York, Western District of New York, and the District of Vermont, decided…
Read MoreADA’s Interactive Process Is a Two-Way Street
An employer that grants schedule adjustments that aren’t required under the Americans with Disabilities Act (ADA) may later stop allowing such changes when the employee declines to help the employer identify a reasonable accommodation, a recent 5th U.S. Circuit Court of Appeals decision shows. Time Warner Cable Texas LLC hired the plaintiff in October 2012…
Read MoreSecurity Guard Unable to Walk Patrol Seeks Accommodation
A security guard’s claim of failure to accommodate under the Americans with Disabilities Act (ADA) could proceed to trial despite his physical inability to perform walking patrol rounds, a federal district court decided. The plaintiff was employed by Covenant Security Services as a security officer at the facility of its customer, Kimberly-Clark. The plaintiff testified…
Read MoreMay an Employer Terminate a Disabled Employee for Excessive Absenteeism?
The United States Court of Appeals for the First Circuit recently upheld a trial court decision in favor of JetBlue concerning the termination of a disabled employee due to her excessive absenteeism. Miceli v. JetBlue Airways Corp., No. 18-1345 (January 28, 2019). Many employers are apprehensive about terminating the employment of disabled employees, even when…
Read MoreCourt Orders Plaintiff in FMLA Lawsuit to Produce Private Social Media Content in Discovery
In many employment cases, the parties engage in a battle over content in the plaintiff’s private social media accounts. The recent decision from the U.S. District Court in Eastern District of Michigan in Robinson v. MGM Grand Detroit, LLC, Case No. 17-CV-13128 (E.D. MIch. 1/17/2019) illustrates well how an employer can demonstrate its right to…
Read MoreEmployer Satisfied ADA by Granting Requested Accommodation
A Texas school district met its obligation to engage in the interactive process under the Americans with Disabilities Act (ADA) by granting an employee’s only requested accommodation, according to a federal district court. The Sweeny Independent School District employed the plaintiff as special programs coordinator from 2001 until August 2016. The plaintiff requested and took…
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