Two laws, one condition: ADA disability doesn't necessarily warrant FMLA leave
Business Management Daily
Some employers think disabled employees are automatically eligible for FMLA leave in addition to being entitled to reasonable accommodations. That’s not always true.
Just because someone has a disability doesn’t mean she has a serious health condition that qualifies for FMLA leave.
Take, for example, an employee who uses a wheelchair to get around. She’s disabled under the ADA and entitled to reasonable accommodations such as clear access to the workplace and perhaps a parking spot by the door. However, she’s not automatically eligible for FMLA leave.
The same may be true for disabilities that aren’t mobility-related but that hinge on medical symptoms. Consider this recent case.
Ignoring ADA's interactive process puts employer at risk for retaliation
HR.BLR.com
A recent case shows how an employer's single misstep can be the fly in the ointment for an otherwise strong defense. Is your organization up to the task of engaging in the Americans with Disabilities Act's (ADA) "interactive process" to determine whether you can provide a reasonable accommodation for an employee's disability?
Telecommuting Isn't Always a Reasonable Option
The National Law Journal
An appeals court reversed summary judgment for a Ford employee who wanted to work from home.
Employee who slept on the job loses his case
HR.BLR.com
he U.S. Court of Appeals for the 6th Circuit—which covers Kentucky, Michigan, Ohio and Tennessee—recently rejected the appeal of an employee who sued his former employer for interfering with his Family and Medical Leave Act (FMLA) rights and terminating him because of a narcoleptic disability. In addition, the court rejected the employee's attempt to use a former HR director's testimony about other acts of workplace discrimination.
Being Rude is Not an ADA Disability, Ninth Circuit Says
JD Supra
In a recent case, a police officer sued his employer, claiming that his inability to get along with co-workers was actually a disability under the Americans with Disabilities Act (ADA). The officer, who was fired for intimidating and demeaning behavior, claimed that his interpersonal problems were caused by attention deficit hyperactivity disorder (ADHD). Therefore, he alleged, he was fired for his disability, which is illegal under the ADA.
EEOC and Chicago-Area Marshmallow Maker Reach Accord in Disability Suit
JD Supra
Doumak, Inc., a longtime Chicago-area marshmallow manufacturer, has agreed to change its leave policies to resolve a disability discrimination suit filed by the U.S. Equal Employment Opportunity Commission (EEOC)
University of California, Merced Launches AudioEye's Accessibility Technology
Consumer Electronics Net
AudioEye®, Inc. (OTCQB: AEYE) ("AudioEye") ("the Company"), creator of the Audio Internet® patented audio browsing and automated publishing technology platform, today announced that the Company has launched its accessibility technology solution for the University of California, Merced (UC Merced). The solution provides compliance with Americans with Disabilities Act ("ADA") requirements and expands the reach and convenience of UC Merced websites.
Massachusetts employers: Be careful with preemployment medical exams
HR.BLR.com
Like the federal Americans with Disabilities Act (ADA), Chapter 151B prohibits Massachusetts employers from requiring applicants to submit to a medical examination unless you've made a conditional job offer, and then only to determine whether an applicant is capable of performing the essential functions of the job. Chapter 151B also prohibits discrimination against job applicants on the basis of "perceived" disabilities.