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Interactive Process › Family and Medical Leave Act (FMLA) › Hiring & Firing

Kohrman Jackson & Krantz LLP

From Accommodation to Termination: What Employers Need to Know About Navigating Indefinite Leave

Kohrman Jackson & Krantz LLP on

When an employee requests extended medical leave, employers often wonder how long they must wait before it is no longer “reasonable.” The Fourth Circuit recently addressed this in Coffman v. Nexstar Media, offering clarity on...more

Butler Snow LLP

6th Circuit Reinstates Failure-to-Accommodate Claim Against Employer That Terminated Employee With Outstanding Leave Request

Butler Snow LLP on

Once an employee requests an accommodation, the employer has a duty to engage in an “interactive process” to try to determine whether the employer can accommodate the employee’s disability...more

Bradley Arant Boult Cummings LLP

Crosstown Traffic! Facts Surrounding Employee’s ADA/FMLA Request to Avoid Bad Traffic Not Enough

Bradley Arant Boult Cummings LLP on

Not all requests for accommodation or FMLA leave will fit into neat boxes like “pregnancy” or “knee surgery.” Because the ADA definition of a disability includes any impairment that affects a major life function, employers...more

Bradley Arant Boult Cummings LLP

Point for the (Work from) Home Team? Sixth Circuit Says Attendance at Work Not Automatically an Essential Work Function

Bradley Arant Boult Cummings LLP on

“You have to show up for work—it’s a part of your job.” Attendance at the workplace is an essential work function in an ADA case. But is it really anymore? With technology, some would argue that many jobs can be done from...more

Fisher Phillips

Nevada Employer Pays $3.5 Million To Settle “100-Percent Healed” Claim

Fisher Phillips on

Nevada Employer Pays $3.5 Million To Settle “100-Percent Healed” Claim - Slots chain employer Dotty’s recently agreed to pay $3.5 million to settle litigation alleging its “100-percent-healed” policy discriminates against...more

Fisher Phillips

2 Essentials For Dealing With Employees Attempting To Game the System

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Today’s workplace is fraught with legal traps for well-intentioned but unwary managers. But one issue stands out far above the rest as perhaps the single biggest employee challenge in today’s workplace: malingering employees...more

Jackson Lewis P.C.

Third Circuit Says “Last Call” for Employee Terminated After Caught Drinking While on FMLA “Bed Rest”

Jackson Lewis P.C. on

On January 31, 2017, the United States Court of Appeals for the Third Circuit joined the Seventh, Eighth and Tenth Circuits in holding that an employer’s honest belief that its employee was misusing FMLA leave is enough to...more

Bradley Arant Boult Cummings LLP

When to Say When? Fifth Circuit Rules on When an Accommodation Isn’t Working

Bradley Arant Boult Cummings LLP on

In a published opinion, the Fifth Circuit has held that an employee’s poor performance in a light-duty position can relieve the employer from any further obligation to find a reasonable accommodation under the Americans with...more

Morgan Lewis

New York State Adds Protected Classifications and Remedies for Workplace Discrimination

Morgan Lewis on

The new laws are designed to protect equality for female employees in New York State; Governor also proposes regulations that would extend protections to transgender employees. On October 21, New York Governor Andrew...more

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