Articles and Blogs

Can a Temporary Condition Be Considered a “Disability” Under the ADA?  The answer is yes, it can be, according to a recent case by a federal appeals court.  Ever since Congress amended the ADA in 2008 to be more broad and inclusive in its scope, there has been some confusion about whether or not a... READ MORE

“Sicker than a Dog” Under the ADA, an employer is required to “reasonably accommodate” a “qualified individual with a disability.”  In this recent case, the court had occasion to consider whether an open-ended request for leave was “reasonable” when it was made by an employee who claimed to be “sicker than a dog” and... READ MORE

An employee who is caught sleeping on the job will usually end up getting fired. Indeed, this is what happened when a night shift employee was caught sleeping numerous times. The employee was given progressive warnings, including a final warning, before getting caught the last time and was fired. This seems pretty straightforward; however,... READ MORE

Sometimes the important things that an employee may be required to do in a job almost never happen.  Take for example a worker at a juvenile detention center who might one day have to physically restrain a violent youth who might be causing trouble at the facility.  It doesn’t happen often, but it certainly could.  Does... READ MORE

A recent federal court opinioncourt opinion highlights the need for employers to evaluate employee requests for reasonable accommodation on an individualized basis – even where, at first glance, an effective accommodation may not be readily apparent.  The ADA is, after all, intended to overcome employment decisions based on stereotypes. A Deaf Applicant Seeks a Lifeguard... READ MORE

The FMLA requires employers with 50 or more employees to grant up to 12 weeks of leave for, among other things, time off that is needed to care for an adult son or daughter over the age of 18 who is “incapable of self-care because of a disability.”  Ever since the Americans with Disabilities... READ MORE

The answer to that question now is YES, so long as that person is “qualified” for the job and the transfer isn’t an “undue hardship.” A significant change of course on competition for vacant positions as an ADA accommodation Reversing twelve years of decisions that allowed an employer to pick the best applicant for a... READ MORE

The EEOC keeps track of what it’s doing.  Fiscal year statistics of filings in the various categories of discrimination show what’s trending in the most active areas of “interest” for employees and the EEOC. With that in mind, employers often find it helpful to stay on top of trends in those charges.   READ MORE

The ADA requires employers to attempt to reasonably accommodate qualified individuals with a disability.  But what about a Certified Mammography Technician who suffered 14 epileptic seizures on the job in a two year period? In this case a federal court held that this hospital employee was not qualified and also presented a direct threat... READ MORE

Under the ADA an employer is obligated to find a “reasonable accommodation,” if possible, for a qualified individual with a disability, which would allow that individual to perform the essential functions of his or her job or to otherwise remain employed by the employer.  Such an accommodation can take various forms, including reassignment of... READ MORE