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A Full-Time Employee’s Doctor Says She Can Only Work Part Time at the End of Her FMLA Leave.

Can You Fire Her? - Most employers, including the one involved in the lawsuit the title of this article is based upon, Hostettler v. The College of Wooster, would answer this question “yes.” After all, the Family and Medical...more

The Dangers of Misunderstanding “Pregnancy Accommodation”

In the wake of the 2015 U.S. Supreme Court decision, Young v. UPS, many employers have gotten “way too excited” and have “way oversimplified” their duty to accommodate pregnant employees (or not!)....more

New EEOC Guidance – Handling Disabled Employee Leave Requests which Conflict with Your Company Policies and Practices

The Equal Employment Opportunity Commission (EEOC) has recently issued a new Americans with Disabilities Act (ADA) Guidance document which provides 20 examples of how the Agency expects employers to reconcile their regular...more

A Surprising Holding by the Tennessee Supreme Court Regarding Workers' Compensation Retaliation Claims

On Friday, the Tennessee Supreme Court held in Yardley v. Hospital Housekeeping Systems that applicants are not eligible as a matter of law to assert "failure to hire" claims based on even the admitted fact that the reason...more

The EEOC Issues New Guidance Regarding Those with Cancer, Diabetes, Epilepsy, and Intellectual Disabilities in the Workplace

The four separate EEOC Q&A Guidance documents each are about 10 pages long. So, for those of you without the spare time to review them all, here is a brief “Cliff Note version.” ...more

New Sixth Circuit ADA Opinion May Make Employers Rethink How They Engage in the Interactive Process

Nicholas Keith has been deaf since birth. After initially being offered a job as a lifeguard for Oakland County, Michigan, he, like all other County lifeguards, had to undergo a physical performed by a physician retained by...more

Another Not-So-Subtle “Message” from the EEOC

What would the holidays be without a visit from the EEOC! Its latest visit was to Dillard’s – to stop by to pick up a $2 million settlement check this week in connection with an ADA class action filed in California back...more

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