The American with Disabilities Act (ADA) provides disabled individuals with legal protections from being discriminated against in the workplace. If your employer ignores your rights, you could be entitled to compensation under this law. [Read more…]
Fibromyalgia is a seriously debilitating condition causing patients widespread pain, difficulty sleeping, and a host of other symptoms. While the condition is oftentimes misunderstood by both those in the medical community and the patient’s family or friends, it is universally understood to cause patients a great deal of agony on a daily basis.
Accordingly, the Americans with Disabilities Act (ADA) applies in many fibromyalgia situations to afford sufferers the workplace protections offered to any other American employee with a disabling condition, including reasonable accommodations to ensure continued job security and retention. [Read more…]
Did you know an employer cannot discriminate against you because you have a record of a disability, even if you aren’t currently disabled? We recently settled a case where an employer refused to re-hire an employee who had been off work for over a year because of major back surgery. After his FMLA leave had run out, the employee was terminated but told he was eligible to be re-hired once his doctor released him to return to work. When he had recovered from the surgery and applied to be re-hired, the employer didn’t hire him because they were afraid he would re-injure his back–even though his doctor released him to return to work without restrictions and said his back was stronger than ever. This is considered illegal discrimination under the Americans with Disabilities Act (ADA). [Read more…]
Known as the “sandwich generation”, many of today’s middle-aged Americans find themselves not only supporting their adult children in a difficult economy but caring for aging and elderly parents. This dual-role can cause many sleepless nights for the harried caretaker, especially when aging parents begin to show signs of dementia or other cognitive issues.
For some, taking a leave of absence from work becomes necessary to ensure elderly parents receive proper care during the day. Under the Family and Medical Leave Act (FMLA), it may be possible for a caretaker to keep his or her job while taking a leave of absence to tend to aging parents – but for how long? We will examine the FMLA as it applies to caring for one’s parents, including the limitations and restrictions placed on employees in certain employment scenarios.
The Americans with Disabilities Act (ADA) is a vital piece of legislation enacted to help support and advance those living in America with a disabling physical or mental condition. In general, the ADA works to require employers to not only treat those with a disability equally to those without, but also mandates employers to make certain accommodations to assist those with disabilities in the workplace. Moreover, the ADA applies to most public facilities, and even contains mandates relating to housing. [Read more…]
The Family and Medical Leave Act (“FMLA”) allows eligible employees to take leave from work to care for family or personal medical situations. FMLA leave may be continuous or intermittent. In Hansen v. Fincantieri Marini Group, the Seventh Circuit Court of Appeals decided two important intermittent FMLA issues. First, the court held that the FMLA does not require an employee to present expert testimony to prove the employee was incapacitated on each day he or she requested intermittent FMLA leave. Second, the court decided an employer should not summarily deny intermittent FMLA leave when an employee exceeds the estimated length or duration of intermittent FMLA leave provided by a doctor in an FMLA medical certification form. [Read more…]
Many Americans are aware the Americans with Disabilities Act (ADA) prohibits employers from discriminating against an employee on the basis of his or her disability. Fewer Americans, however, are aware it is illegal for an employer to discriminate because of genetic information.
Does an employee’s family medical history constitute genetic information? That is the question a New York federal district court will have to decide in EEOC v. BNV Home Care Agency, Inc. We will be watching this case closely.
In recent years, employers have implemented health and fitness measures intended to promote healthy behaviors and curb the effects of chronic disease on their employees. Effective “wellness programs” typically result in lower health insurance premiums and healthier, more productive employees. According to the Equal Employment Opportunity Commission (EEOC), however, an employer cannot require its employees to participate in wellness programs.
Many people start a new job working through a staffing agency, a temporary agency, or a placement service. Often, employers will use these agencies as an opportunity to give new workers a trial period to ensure they will be dependable employees who will be a good fit for permanent employment. Sometimes, the new workers will work for the temp agencies for a set period of time, such as six months, and then automatically become permanent employees of said company. Other times, the company will let workers continue at the staffing firm until it decides it wants to hire the particular workers. [Read more…]