You Decided Not to Fire that Employee Who Was Off on FMLA Leave. Now They Want More Time Off……?????

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……?????

Don’t Forget About “Regarded as Disabled” when doing your ADA Analysis

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

Is Body Odor Covered Under the ADA?

“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?