Category: ADA
Zika in the Workplace: Best Practices for Not Getting Bit with Liability
There are things we all need to know about Zika: 1) it is spread mostly by an infected Aedes species mosquito; 2) it can be passed from a pregnant woman to her fetus; 3) there is no vaccine or medicine for Zika; and 4) confirmed cases of the Zika...
Dude, I Think He’s High…Can I Fire Him?
Oftentimes clients ask, "When we think an employee is high, can we fire him?" My answer is consistently the same, "That depends." It depends on a whole host of factors, what state do you live in, what industry do you work in, why do you think he's high, but...
Obesity and the ADA: Does 33% of the U.S. Population Have ADA Protection as a Result of Obesity?
Yesterday, the Eighth Circuit issued an opinion in Morriss v. BNSF Railway Co. , No. 14-3858 (April 5, 2016), rejecting the plaintiff's argument that obesity (in and of itself) is sufficient to maintain an ADA claim. The Eighth Circuit joins the Sixth Circuit and the Second Circuit in coming...
Refusal of Employee’s Request for “Peaceful Calm Environment” Does Not Constitute Failure to Accommodate Under the ADA
Last week Judge Joseph N. Laplante of the United States District Court for the District of New Hampshire issued a decision in Posteraro v. RBS Citizens, N.A. , Civil No. 13-cv-416 (D.N.H. Dec. 29, 2015), on Defendants' Motion for Summary Judgment. The case involved a former Citizens Bank employee...
Ba Rump Pa Pum Whaaaa?: Little Drummer Boy and the Out-of-Date Minimum Lifting Requirements
When was the last time you reviewed the "minimum lifting requirements" in your job descriptions? In several cases this year, courts have looked skeptically at job requirements listed in an employer's job description. Specifically, judges have not been willing to take the employer's word for it that lifting, say...
Only a Hippopotamus Will Do: "I Want a Hippopotamus for Christmas" and Employee Requests for Service Animal Accommodations
Because of how often we hear from clients regarding requests for "emotional support" animals to accompany employees to work, we figured a refresher on how to handle these types of situations would be appreciated. While we do not expect many employees to request to bring a "service hippo" to...
Every Holiday Has Food So Special: The Latke Song and Food Allergies in the Workplace
Debbie Friedman's "The Latke Song" has a wonderful message regarding remembering those who are less fortunate than ourselves during the holiday season—as told through the point of view of a potato who is turning into a latke. As a "foodie" living in an " amazing food city " food...
Excuse Me . . . I “Tooted”: Flatulance and the ADA
My four-year-old spent the vast majority of the weekend publically announcing (louder than her grandparents and I would have preferred) "excuse me I tooted" every time she passed gas—which considering her petite frame and refusal to eat a vast majority of foods, occurred much more often than I would...
Employer Successfully Parses the Haze in the Land of Enchantment
Recently, New Mexico employer Presbyterian Healthcare Services successfully defended a claim of disability discrimination after terminating a Physician's Assistant who tested positive for medical marijuana. The case, Smith v. Presbyterian Healthcare Services , involved a Physician Assistant, Donna Smith, who through a staffing agency, Advantage Locum, applied for and...
Jury Finds "Food with Integrity" Terminated with Integrity Despite EEOC’s Claims to the Contrary: Jury Verdict Returned in Chipotle’s Favor after ADA Battle
On Monday, Judge F. Dennis Saylor IV of the District of Massachusetts entered judgment in favor of Chipotle Mexican Grill, Inc., after a five-day trial concluded on August 7, with a jury finding in favor of Chipotle Mexican Grill on a disability discrimination claim brought by former employee Amanda...
Is Honesty the Best Policy? EEOC Alleges Honesty Policy Violates ADA
Our parents consistently told us honesty was the best policy. Being honest with the people you interact with, whether, socially, romantically, or professionally, often creates the healthiest relationships in the long run; the EEOC may, however, disagree with me. The EEOC recently sued Aurora Health Care Inc. in the...
Sixth Circuit’s Panel Decision Isn’t Built Ford Tough
Earlier this month, the Sixth Circuit issued an en banc decision in the EEOC v. Ford Motor Co. matter concerning the ADA and telecommuting; finding that telecommuting up to four days a week was not a reasonable accommodation. We have been following the opinion both initially and when the...
Nine Months Later Supreme Court "Delivers"
Yesterday the Supreme Court issued its much-anticipated opinion on the Pregnancy Discrimination Act in Young v. UPS vacating the Fourth Circuit's (and District Court's) grant of summary judgment in favor of the employer, UPS. We've previously discussed the background of the case here and here , but for our...
Wacky Wednesday: Fear and Loathing in Elementary Education
Last week, the Sixth Circuit ruled that a former Ohio public school teacher who was suffering from pedophobia (the fear of young children), had not presented an Americans with Disabilities Act or Age Discrimination Claim. The Plaintiff requested the school district accommodate Plaintiff's disability, pedophobia, by transferring her from...
New Hampshire Decision Clarifies Accommodation Request Threshold and Reminds Employers of Importance of Manager Training
On December 29, 2014, the District of New Hampshire issued a decision denying Summary Judgment and allowing a claim under the ADA to proceed to a jury after the former employee's supervisor stated: "Your Asperger's got in the way of your ability to interact with your boss, and we...