Following time off to recover from a work-related injury (or from a non-work related medical condition) many employers require a fitness for duty examination before allowing employees to return to their former positions of employment. There are many good reasons for having such a policy. However, as we’ve discussed before, employers need to be mindful … Continue reading Three Examples of How Employer-Sponsored Medical Examinations Can Get You in Trouble
The other week I discussed a case in which an employee who was certified for FMLA leave by their physician was terminated for not properly notifying their employer of their leave status. The employee brought an action against their employer for FMLA interference and ERISA violations. The Court granted summary judgment for the employer on the … Continue reading You Decided Not to Fire that Employee Who Was Off on FMLA Leave. Now They Want More Time Off……?????
Many employers continue maintain a policy that employees who have been off due to a disability need to be completely healed before returning to work. Obviously, in my role as a workers’ compensation attorney, I’m not a fan of these policies. The Equal Employment Opportunity Commission (“EEOC”) just gave employers 3.5 million more reasons why … Continue reading 3.5 Million Reasons to Reconsider Your “100 Percent Healed” Return to Work Policy
A lawsuit just filed by the EEOC demonstrates the importance of remembering that just because an individual does not have an impairment that limits a major life activity does not mean that they cannot establish a claim under the Americans with Disabilities Act (ADA). In order to establish a claim under the ADA, a plaintiff … Continue reading Don’t Forget About “Regarded as Disabled” when doing your ADA Analysis
“Body-odor” does not seem like it could be a protected condition under the Americans with Disabilities Act (“ADA”). Depending upon the cause of the body odor, the condition actually might qualify under the right circumstances. Secondly, it underscores another way employers can run afoul of the ADA-it also protects employees who are discriminated against based … Continue reading Is Body Odor Covered Under the ADA?
Two recent cases serve as a reminder of why those in the workers’ compensation profession need to be mindful of both the Family and Medical Leave Act (“FMLA”) and the Americans with Disabilities Act (“ADA”). In Zuber v Boscov’s, decided September 11, 2017, http://bit.ly/2AySIuH, the United States Third Circuit Court of Appeals allowed an FMLA … Continue reading Two Recent Examples Of Why You Need To Consider The ADA & FMLA