Yahoo’s New Parental Leave Policy Raises Some Interesting FMLA Questions
The Seventh Circuit (covering Illinois, Indiana and Wisconsin) recently ruled that a non-disabled employee can recover damages under the Americans with Disabilities Act (ADA) when his employer required a fitness-for-duty...more
In the brilliant 1993 movie The Fugitive, there is an iconic scene in which the wrongly accused Dr. Richard Kimble emphatically tells Deputy U.S. Marshal Samuel Gerard, “I didn’t kill my wife!” Gerard responds, “I don’t...more
In a case of first impression, on April 1, 2025, the U.S. Court of Appeals for the Seventh Circuit issued an important decision in Nawara v. Cook County Municipality (Case Nos. 22-1393, 22-1430, 22-2395 & 22-2451), holding...more
Last month, in Nawara v. Cook County Municipality, the Seventh Circuit Court of Appeals said a violation of ADA protections from medical examinations or inquiries counts as discrimination on account of disability, regardless...more
On April 1, 2025, the U.S. Court of Appeals for the Seventh Circuit (which has jurisdiction over Illinois, Indiana and Wisconsin) issued a landmark ruling that could allow non-disabled workers to recover back pay under a...more
The Americans with Disabilities Act (ADA) places certain limitations on an employer’s ability to ask questions regarding an employee’s medical conditions. One important exception concerns “fitness for duty assessments.” Once...more
At one time or another, one of your employees may have had a serious health condition resulting in multiple absences, followed by a release to return to work with restrictions that you believed prevented the employee from...more
Employers with fitness-for-duty exam requirements for employees returning from medical leaves should take note of a recent decision by a federal court in Massachusetts. In that case, the Court considered whether requiring...more
Most employers are familiar with the Americans with Disabilities Act (ADA) and its requirement to provide reasonable accommodations to qualified individuals with disabilities. There is less certainty about the extent of this...more
Employees who exhibit what appear to be mental issues while in the workplace or performing their job duties present some of the most difficult situations for employers. An employee with a mental or emotional issue may have a...more
The United States Department of Labor has issued “COVID-19 or other Public Health Emergencies and the Family and Medical Leave Act Questions and Answers” (the “DOL COVID-19 FAQ”). The DOL COVID-19 FAQ provides the following...more
Dear Littler: One of our employees told a coworker that she is very depressed and contemplating suicide. The coworker feels this is a serious, and potentially imminent, situation and immediately reported her concerns to us. ...more
The U.S. Court of Appeals for the Eighth Circuit will soon be deciding a case that may have important implications on the viability of class actions for employment discrimination under the Americans with Disabilities Act...more
Seyfarth Synopsis: While employees often will toot their own horn, employers sometimes may have concerns about their ability to safely perform their job. If this situation rings a bell, it will be music to your ears to hear...more
Contractor Used Medical Questionnaires and Exams to Weed Out Employees With Potential Medical Issues, Federal Agency Charges - BIRMINGHAM, Ala. - Zachry Construction Corporation, a San Antonio-based construction and...more
There is a needed focus on mental health issues these days. We see it on social media as well as in the news. And, as a nation, we are hopefully moving to a place were individuals can get the help they need without any...more
In an opinion handed down on February 7, 2018, the federal court of appeals that applies to Oklahoma ruled in favor of an employer in a lawsuit over the confidentiality provisions of the Americans with Disabilities Act (ADA)....more
Seyfarth Synopsis: Complying with the ADA, particularly when an employee has a mental health-related disability, can be challenging. Fortunately, a recent decision out of the Seventh Circuit provides helpful guidance for...more
Court rules that the ADA does not create a loophole to NRC fitness-for-duty and security regulations. On August 15, for the first time, a US court of appeals ruled that the US Nuclear Regulatory Commission’s (NRC’s)...more
Recently, the United States Court of Appeals for the Third Circuit in McNelis v. Pennsylvania Power & Light Company affirmed the district court’s grant of summary judgment to the employer in a lawsuit alleging disability...more
Last month, a Washington federal district court judge ordered an employer to pay a terminated employee a little over $1.8 million in damages for failing to accommodate the employee’s use of opioids that had been prescribed to...more
Company Fired Employee for Objecting to Overbroad Medical Releases for Fitness-for-Duty Examination, Federal Agency Charged - MINNEAPOLIS - A Minneapolis-based power company will pay $87,500 and furnish other relief to...more
The Superior Court of New Jersey, Appellate Division recently held, in a case of first impression, that the Americans with Disabilities Act (ADA) permits a New Jersey employer to require an employee to undergo a...more
Do you know what happens when you maintain a policy or practice that requires an employee to return to work without restrictions or “100% healed”? You pay. A lot. Just ask Brookdale Senior Living Communities....more
Employers may require fitness-for-duty certifications in a variety of circumstances, including employees returning from leave under the Family and Medical Leave Act (FMLA) and determining the existence of disabilities or the...more