Posts Tagged ‘ADA’
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 [...]
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 [...]
Right-to-Sue Letter Directed to Attorney Constituted Notice to Employee for Purposes of Filing Timely Lawsuit
After she was denied sick leave, a doctor filed a complaint with the anti-discrimination unit of the Puerto Rico Department of Labor and Human Resources, alleging unlawful discrimination and unwarranted refusal to make a reasonable accommodation for her disability. The local agency referred the matter to the Equal Employment Opportunity Commission (EEOC), and without considering [...]
Employer Did Not Discriminate or Retaliate Against Disabled Employee Who Was Unable to Perform In-Person Supervision Tasks
A supervisor of released adult offenders suffered from sacroiliac joint dysfunction, a condition causing pain in the joints that limited her ability to walk and forced her to work from home. After surgery she made a full return to work, but roughly a year and half later she fell down stairs at work and the [...]
7th Circuit: ADA Requires Employer to Reassign Disabled Employee to Vacant Position
On September 7, 2012, in Equal Employment Opportunity Commission v. United Airlines, Inc., No. 1101774 (Sept. 7, 2012), the Seventh Circuit Court of Appeals adopted a new standard for determining when a disabled employee must be reassigned to a vacant position pursuant to the Americans with Disabilities Act, 42 U.S.C. § 12101 et seq. (ADA) In [...]
Sixth Circuit Considers What Constitutes a “Medical Examination” Under ADA
In a matter of first impression before the Sixth Circuit Court of Appeals, the Court considered what the meaning of “medical examination” is under the Americans with Disabilities Act (ADA). In Kroll v. White Lake Ambulance Authority, the employer became concerned that an Emergency Medical Technician’s (EMT) personal relationship with a co-worker was impacting her ability to [...]
