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You are here: Home / Archives for undue hardship

What Happens When You Mix FMLA (and ADA) and Retaliation?

April 27, 2017 by theemplawyerologist 2 Comments

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I don’t encounter many employers that don’t have some type of issue with employee leave–especially when an employee may be eligible for more than one type of leave (e.g. FMLA, ADA, workers’ comp). Then there’s the possibility of retaliation claims. You may have thought that only applied to discrimination claims. Guess what? It also applies […]

Reminder from the EEOC: Mental Health Conditions are Protected Disabilities, Too

December 29, 2016 by theemplawyerologist Leave a Comment

Most employers are aware that Title I of The Americans with Disabilities Act (ADA) and the Americans with Disabilities Act Amendments Act (ADAAA),  prohibit employers from discriminating against applicants and employees on the basis of an actual, perceived, or record of disability.  Many employers are also aware that the ADA/ADAAA requires them to provide reasonable […]

Do Disabled Employees Get Automatic Job Reassignment ? Um, Maybe (Not)…

December 22, 2016 by theemplawyerologist Leave a Comment

You probably know that if you have 15 or more employees, then under the Americans with Disabilities Act, you: a) cannot treat an employee adversely on the basis of a disability; and b) must make reasonable accommodations for employees with disabilities.  What if you have a disabled employee who is now unable to perform the essential […]

Special Post: 6th Circuit Reverses Its Decision on Telecommuting and the ADA–But Does it Change Anything?

April 13, 2015 by theemplawyerologist Leave a Comment

This time last year (minus 12 days) the 6th Circuit Court of Appeals in EEOC v Ford revived an employee’s ADA claim, holding that telecommuting may be a reasonable accommodation under the ADA (and the ADAAA) and, specifically, that it may have been a reasonable accommodation for the specific employee in that case. You can find […]

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