Disability Discrimination

Case of the Big Bus Driver: Seventh Circuit Joins Other Circuits in Rejecting Obesity, without Other Physiological Condition, as ADA ImpairmentObesity has been recognized as a disease by the American Medical Association, National Institutes of Health, and the World Health Organization. Does that mean obesity qualifies as a physical impairment under the Americans with Disabilities Act (ADA)? Stated differently, may an individual claim that he is disabled under the ADA, based solely on the fact

Crosstown Traffic! Facts Surrounding Employee’s ADA/FMLA Request to Avoid Bad Traffic Not Enough Not all requests for accommodation or FMLA leave will fit into neat boxes like “pregnancy” or “knee surgery.” Because the ADA definition of a disability includes any impairment that affects a major life function, employers are starting to see some more creative requests around the margins. In Trautman v. Time Warner Cable Texas, LLC,

Moving Up the Naughty List: Level of Progressive Discipline Can Be Non-Discriminatory Reason, Says Eighth CircuitMany employers have progressive discipline policies. Are they always followed? Probably not. Should they be? Absolutely, and Lindeman v. St. Luke’s Hospital of Kansas City, a recent case in the Eighth Circuit, demonstrates that being able to point to the use of a progressive discipline policy can help dispose of an ADEA/ADA case.

The

Ever wonder why the severance agreement that I (or your other favorite employment lawyer) send you says “nothing in this Agreement prevents Employee from filing a charge with the EEOC” (or words to that effect)? I mean, isn’t that the point of the agreement? You pay the employee money, and he or she can’t file

Urine testing—not one of the more popular work activities. However, drug tests are part of safety programs throughout the country. Two recent events—one a court decision and one a potential legislative event—give me the opportunity to review this issue.

Alabama Case: Can You Require Employees to Tell You What Medicines They Take?

The Facts: On

“Don’t Tase Me, Boss!” Eleventh Circuit Reinstates Claims of Police Officer Who Refused Taser TrainingIf an employee gets a doctor’s note saying she can’t participate in training because of a physical limitation, does that make her disabled? It might if you treat her like she is—at least that is what the Eleventh Circuit ruled last month in Lewis v. Union City, Georgia when it reversed summary judgment in favor

Changing of the Leaves: EEOC Again Pushes for Additional Leave as ADA AccommodationWe have said it before — the EEOC believes that leave is a reasonable accommodation and automatic termination when FMLA leave runs out violates the Americans with Disabilities Act. Even though at least one federal court has made clear it disagrees, the EEOC continues to press the point and has recently filed a lawsuit

Alabama Employers Take Note – Birmingham Joins Ranks of Cities with an Anti-Discrimination OrdinanceLast month, the Birmingham City Council passed an ordinance criminalizing discrimination in education, housing, employment, and public accommodations. The ordinance not only prohibits discrimination based on the federally protected categories of race, sex, national origin, and disability, but it also recognizes familial status (i.e., having minor children), sexual orientation, and gender identity as protected categories. 

DOH! Nuclear Safety Regs Trump ADA Accommodation Request (Thankfully)In a battle between a mentally ill employee seeking accommodation for his job at a nuclear plant and federal nuclear safety codes—-which wins out? The Third Circuit Court of Appeals ended up going with safety codes.

Looking Out for an Erratic Employee

Mr. Daryle McNelis was an armed security guard at Pennsylvania Power and Light’s

You Might Feel a Small Stick: EEOC Sues on Failure to Accommodate PhlebotomistIf an employer provides a temporary reassignment to accommodate an employee’s disability/pregnancy restrictions, does it have to return her to that assignment after her maternity leave? The EEOC seems to think so. In Equal Employment Opportunity Commission v. Dependable Health Services, the EEOC alleged that Dependable Health Services (DHS) discriminated against Sheena Berry, who