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
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
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
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
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
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