Archive for the ‘Disability & Medical Leave’ Category
Employer’s Required Fitness-For-Duty Exam Did Not Violate ADA
The employee worked as a customer service representative at a call center for the employer. He was responsible for monitoring the performance of frontline call center associates, and regularly worked from home. One day, he attended a meeting at the office with his manager for a routine one-on-one discussion about his job performance. During the [...]
Employee’s Need for Time Off for Medical Reasons Does Not Protect Her from Termination
The Seventh Circuit Court of appeals recently affirmed summary judgment for the employer on an employee’s ADA and FMLA claims. In this case, the employee was terminated after she was absent many times due to symptoms (and the ultimate diagnosis) of multiple sclerosis. She was unable to adhere to the company’s attendance guidelines, was not [...]
Court Finds Epileptic Employee Not “Qualified Individual” Under ADA or Missouri Law
A mammography technician with epilepsy had suffered numerous seizures at work. The technician suffered epileptic seizures unpredictably, and they caused her to lose orientation and muscle control, which led to falls and injuries. The risk of injury to the technician and patients was too great, and the employer placed her on paid administrative leave. The [...]
Third Circuit Upholds Termination of Employee for Dishonesty About Drug Addiction on a Post-Offer Medical Questionnaire
A hospital-employer hired the employee as a security guard. On his post-offer medical questionnaire, the employee affirmatively stated that he had never suffered from drug or alcohol addiction in the past nor participated in a drug and alcohol treatment program. Later, the employee suffered an injury at work and reported to the hospital’s emergency department. [...]
“Insomnia” Insufficient Basis for ADA and FMLA Claims
In this case, the attorney claimed that her employer’s denial of her reduced-work-schedule request constituted both an unlawful failure-to-accommodate under the Americans with Disabilities Act (ADA) and unlawful interference with her right to take leave under the Family and Medical Leave Act (FMLA). In 2006, after consulting physicians, the attorney was told that she was suffering from fatigue, sleep deprivation [...]
Additional Reason for Failure to Promote Is Not Indicative of Pretext for Discrimination
A member of the Air Force was denied four promotions to Battalion Chief and Assistant Chief of Administration during a four-year period and sued his employer fire department alleging that these decisions violated the Uniformed Services Employment and Reemployment Rights Act (“USERRA”). While there was sufficient evidence that the employee’s military service was a motivating [...]
Being on Time to Work May Be Essential Function of Position
A city case manager had schizophrenia, but was taking medication on a calibrated schedule. The employer had a flex-time policy which allowed employees to arrive at work anytime within a one hour window in the morning. If an employee was late, the supervisor had to approve or disprove the tardiness. The employee often could not [...]
Court Finds that Employer’s Failure to Return Employee to Work Prior to Conclusion of FMLA Leave Does Not Amount to Interference
In this case, a hotel maintenance employee who had worked for the employer for over 20 years had a history of vision problems. His employer regularly accommodated these problems by ensuring that the employee’s schedule and assignments were copied in large print. Later, the employee suffered an injury, which required him to take leave. The hotel provided him [...]
Employees Cannot Give Constructive Notice of Need for FMLA Leave in the Eighth Circuit
This suit arose when an employee at a food production company missed a month of work due to depression. She ultimately lost her job for failing to comply with the company’s call-in procedure, which treated three consecutive absences without calling in as a voluntary termination of employment. The termination was executed despite the fact that the [...]
8th Circuit Revives Deaf Lifeguard’s Disability Claim
A deaf individual who could detect noises through the use of a cochlear implant and who used American Sign Language (ASL) to communicate successfully completed two lifeguard training programs through the county. Though he had an ASL interpreter to communicate verbal instructions, the interpreter did not assist him in executing lifesaving tasks. The individual applied for [...]
