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Disabilities

Requests for Unpaid Medical Leaves Should Be Stamped, 'Handle With Care'

January 22, 2013
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If you are granting a leave to an employee as an accommodation, your best defense to a potential Americans with Disabilities Act claim is to have an open dialogue with the employee about a return date, and prepare to be flexible (to a point). Then, when the employee asks for “one more extension” to his or her leave of absence, no one will fault you as an unreasonable ogre if you decline.
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Say It Ain't So: Court Holds an Employer Does Not Have to Accommodate a Pregnant Employee

January 17, 2013
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Handling accommodation requests by pregnant employees is a thorny area of the law. My recommendation is instead of trying to sort through these issues for yourself, you contact your employment counsel before denying an accommodation request made a pregnant employee.
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Department of Labor Lists Considerations for Adult Child Care FMLA Leave Requests

January 16, 2013
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The U.S. Department of Labor has issued an “administrator's interpretation” of factors an employer must consider when an employee requests leave to care for an adult child under the Family and Medical Leave Act.
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Can You Hear Me Now? Employer Cannot Reject Disabled Employee Without Individualized Inquiry of the Ability to Do the Job

January 15, 2013
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If your failing to engage in this individualized inquiry, it will look like you are making the employment decision based on stereotypes and generalizations, which the Americans with Disabilities Act is supposed to rid from the workplace. That perception will not bode well for your defense of an ADA lawsuit.
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Internet-Use Disorder: The Newest Disability?

January 11, 2013
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If Internet addiction is a psychiatric disorder, then employees who suffer from it may be protected by the ADA. This development has potentially significant implications for your workplace.
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What Isn't a Reasonable Accommodation?

January 9, 2013
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Just because a disabled employee asks for an accommodation does not mean that you have to grant the request.
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The 12 Days of Employment Law Christmas

December 20, 2012
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Since the holidays are almost upon us, and the news is a little slow, I thought I'd have a little fun. So I wrote a song.
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Dillard's to Pay $2 Million to Settle Class Action Disability Bias Lawsuit

December 19, 2012
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The settlement resolves a 2008 lawsuit filed against the Little Rock, Arkansas-based retailer for allegedly using a longstanding national policy and practice of requiring all employees to disclose personal and confidential medical information to obtain sick leave, the EEOC said in a statement Dec. 18.
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Court Reverses Ruling, Says UPS Worker Entitled to Trial on ADA Claim

December 17, 2012
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The complex case of Teresa Watts v. United Parcel Service Inc. has gone to trial three times and been appealed to the 6th U.S. Circuit Court of Appeals in Cincinnati once before, according to the 6th Circuit's latest ruling.
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When Is Confidential Medical Information Not Confidential?

November 26, 2012
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While this case is a great holding for employers, businesses should still tread carefully when dealing with employee medical information. This area of the law remains risky waters in which companies swim.
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