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Americans with Disabilities Act (ADA) › Medical Certification Requests

Seyfarth Shaw LLP

Mullin v. VA: Reiterating The Importance Of Employer Confidentiality Obligations Around Medical Information

Seyfarth Shaw LLP on

The Eleventh Circuit’s decision in Mullin v. U.S. Department of Veteran Affairs clarifies that confidentiality protections around medical certifications are robust and enforceable, even absent viable accommodation or...more

Parker Poe Adams & Bernstein LLP

DOL Says Intermittent FMLA Leave Can Result in Permanent Schedule Change

Parker Poe Adams & Bernstein LLP on

On February 9, the U.S. Department of Labor (DOL) issued an Opinion Letter that discusses the interaction between the Americans with Disabilities Act (ADA) and the Family and Medical Leave Act (FMLA), in terms of how an...more

Parker Poe Adams & Bernstein LLP

Should Employers Use FMLA Medical Certification Forms for Non-FMLA Eligible Employees?

Parker Poe Adams & Bernstein LLP on

​​​​​​​In recent discussions, a number of employers have advised us that they are providing the Department of Labor’s (DOL) Family and Medical Leave Act (FMLA) medical certification forms to employees who have disclosed...more

Smith Anderson

Americans with Disabilities Act: Focusing on Reasonable Accommodations

Smith Anderson on

Employees are asking for reasonable accommodations more often and for a wider array of medical conditions. The kinds of accommodations sought are more varied than ever, including working from home, extended leave, allowances...more

Hinshaw & Culbertson LLP

Supervisor Not "Qualified Individual" Under ADA after Failing DOT Medical Certification

Hinshaw & Culbertson LLP on

Determining the essential functions of a job can be tricky, especially if there is no information or documentation with which to compare and consider. In this case, the U.S. Court of Appeals for the Tenth Circuit considered...more

McAfee & Taft

The need for actual medical evidence in disability cases

McAfee & Taft on

Employers frequently call with concerns about employees who self disclose an alleged disabling condition that is not readily apparent, and who claim substantial limitations as a result. The employer’s concerns center on when...more

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