Feds sue HMSA for alleged discrimination against disabled workers
Honolulu Star-Advertiser
The U.S. Equal Employment Opportunity Commission is suing Hawaii Medical Service Association for discriminating against a group of disabled workers.
The EEOC alleges the state’s largest health insurer denied occasional leave to employees with disabilities for medical treatment without offering other reasonable accommodations, violating the federal Americans with Disabilities Act.
In late 2013, HMSA “abruptly changed its policy on the use of intermittent leave as an accommodation for employees with disabilities,” forcing them to work without an accommodation or to resign, the U.S. Equal Employment Opportunity Commission charged in the complaint filed Thursday.
Groups sue LIRR over disabled-accessibility issues
Newsday
A group of disabled train riders have filed a federal lawsuit against the LIRR, accusing the railroad of discrimination for not doing enough to make its system accessible.
The class action suit was filed earlier this month by the Suffolk Independent Living Organization of Holtsville and members of the Long Island chapter of ADAPT, a national disabled advocacy group.
The suit seeks unspecified damages and an injunction requiring the LIRR “to make all necessary modifications” to address the complaints. LIRR officials on Wednesday said they could not comment on pending litigation.
Among the suit’s claims is that LIRR conductors consistently fail to deploy metal “bridge plates” to help mobility-impaired users navigate the gap between trains and station platforms.
US Supreme Court Does Not Resolve Circuit Split Over Entitlement to ADA Leave
On April 2, 2018, the U.S. Supreme Court denied certiorari in a case from the Seventh Circuit, Severson v. Heartland Woodcraft, Inc., 872 F.3d 476 (2017), cert. denied, No. 17-1001, 2018 WL 489210 (U.S. Apr. 2, 2018). In Severson, the U.S. Court of Appeals for the Seventh Circuit held that the Americans with Disabilities Act (ADA) did not obligate an employer to provide an employee with a supplemental multi-month leave of absence after such employee exhausted the employee’s entitlement to 12 weeks of leave under the Family Medical Leave Act. The Seventh Circuit explained that the ADA is an antidiscrimination statute and not a medical leave statute, and if an employee needs long-term medical leave because the employee cannot work, “with or without reasonable accommodation,” the employee will not qualify for the ADA’s protections. Conversely, in Nunes v. Wal-Mart Stores, Inc., 164 F.3d 1243, 1247 (1999), the U.S Court of Appeals for the Ninth Circuit rejected a district court’s finding that an employee on short-term disability leave automatically fell outside of the ADA’s protections. Instead, the Ninth Circuit noted that the extended medical leave itself could qualify as a reasonable accommodation. Notably, the Equal Employment Opportunity Commission filed an amicus brief with the Seventh Circuit in favor of the plaintiff employee in Severson, citing Nunes, among other cases. The Second Circuit has yet to weigh in on this issue, but other circuits, such as the First Circuit in Garcia-Ayala v. Lederle Parentals, Inc., 212 F.3d 638 (2000), the Sixth Circuit in Cehrs v. Ne. Ohio Alzheimer's Research Ctr., 155 F.3d 775 (1998), and the Tenth Circuit in Rascon v. U.S. West Commc'ns, Inc., 143 F.3d 1324 (1998), overruled on other grounds by New Hampshire v. Maine, 532 U.S. 742 (2001), have stated that a medical leave of absence could constitute a reasonable accommodation under the ADA.
Is It Illegal For A Company To Fire You For Being Depressed?
Refinery29
In 2016, an estimated 16.2 million adults in the U.S. had at least one major depressive episode. Prevalence was higher among adult females, and those aged 18-25.
Some people may be high functioning and able to push through for a time, but depression can't exactly be negotiated with. If your mental wellbeing is at odds with your ability to work, you may feel stuck on what to do — tell a boss, or keep quiet? In a tweet that went viral, one person advised telling HR "immediately" as a protective measure.
"It's considered a disability and you can sue if you're [sic] fired for showing any signs of depression (fatigue, hopelessness, etc.)," they wrote. "Companies lose these lawsuits and will not fire you."
Hamden Restaurant Settles ADA Complaint
Patch.com
The restaurant was accused of not operating in compliance with the Americans with Disabilities Act of 1990.
UNUM GROUP: Launches leave management resources for HR professionals
HR Daily Wire
To support human resources professionals as they navigate the complexities of leave management, employee benefits leader Unum (NYSE: UNM) now offers a range of leave resources on its website. Content includes a white paper, Family Medical Leave Act (FMLA) employer handbook, FMLA compliance quiz and an original report spotlighting new research on adult caregiving in the workforce.
“Maintaining compliance with the ever-changing laws and company policies regarding FMLA, Americans with Disabilities Act (ADA), paid family leave, and Disability Benefits Law (DBL) can be complicated and time-consuming for a company’s human resources team,” said Angel Bennett, director of leave management at Unum. “These new resources on Unum’s dedicated leave site can help point HR professionals in the right direction.”