A recent Mayo Clinic study found nearly seventy percent of Americans take at least one prescription drug and more than fifty percent of Americans take two. Nevertheless, according to the Sixth Circuit’s decision on August 26, 2014 in Bates v. Dura Automotive Systems, Inc., employees may “sometimes” be terminated for taking their lawfully prescribed medications. A Cincinnati disability discrimination lawyer can help determine whether a medication-motivated termination is illegal. [Read more…] about Were You Fired for Prescription Medicine?
Many employers fear employees who work from home or “telecommute” lose the benefits of working along-side their peers. According to the Head of Human Resources for Yahoo, Jackie Reses, “[t]hat is why it is critical that we are all present in our offices. Some of the best decisions and insights come from hallway and cafeteria discussions, meeting new people, and impromptu meetings.” But in some circumstances employers may be required to allow disabled employees to telecommute. The Sixth Circuit Court of Appeals recently held that allowing a disabled employee to work from home, or “telecommute,” four days a week could be a reasonable accommodation under the Americans with Disabilities Act (ADA). [Read more…] about Telecommuting and the ADA
The Family and Medical Leave Act (FMLA) allows eligible employees to take job-protected leave from work to care for a spouse with a serious health condition. The FMLA guidelines define “spouse” as a husband or wife as defined by the employee’s state of residence. Same-sex marriages are only lawful in New York, the District of Columbia, California, Connecticut, Oregon, Pennsylvania, New Mexico, Hawaii, Delaware, Iowa, Maine, Maryland, Massachusetts, Minnesota, New Hampshire, Rhode Island, Vermont, and Washington. Consequently, employees who reside in states not recognizing same-sex marriage are not entitled to FMLA leave to care for their same-sex spouse. A Cincinnati FMLA lawyer can explain how Ohio same sex couples might be affected by the FMLA. [Read more…] about FMLA Leave For Same-Sex Couples Explained
Cincinnati area employees may be entitled to various forms of relief if their FMLA rights are violated. Even if you do not suffer lost wages, you could be entitled to other forms of relief for the damages you do suffer. The Eleventh Circuit Court of Appeals recently reminded employers they cannot prevent a violation by paying an employee while they are on FMLA leave. [Read more…] about Employees Should Know The FMLA Provides Equitable Remedies
Under the Americans With Disabilities Act (ADA), as amended, (or in the case of federal employees, the Rehabilitation Act, as amended) employers subject to the law are prohibited from discriminating against any applicants or employees who have disabilities. The ADA covers all aspects of employment, to include pay, hiring and firing, and much more. Most Cincinnati employment lawyers are aware of the fact that the law also protects employees from being retaliated against by the employer when they seek to have their rights enforced.
Most people have heard about the Americans with Disabilities Act, or “ADA.” You may also have heard about the FMLA, or Family and Medical Leave Act. These two federal laws give employees protection from being treated unfairly because of disabilities or serious illnesses requiring them to miss work, or require they receive some accommodation at work to make up for a disability.
Like most of the employment laws intended to protect employees, these laws can be complicated. They have very specific provisions that must be followed in order to receive the protections they afford. [Read more…] about The ADA and FMLA–Potent Protection for Employees