The Genetic Information Nondiscrimination Act (GINA) forbids discrimination against employees or applicants because of genetic information. Specifically, Title II of GINA prohibits using genetic information in making employment decisions, restricts employers from requesting, requiring, or purchasing genetic information, and strictly limits the disclosure of genetic information. While GINA has been…
***ducks tomato*** I’ll give you an example. Let’s say a firefighter develops Parkinson’s Disease. Eventually, her disease leaves her incapable of performing the essential functions of her job, and she takes disability retirement at age 48. The employer has a policy allowing former employees, like the employee here, to receive…
A little over five years ago, the U.S. Equal Employment Opportunity Commission sued an employer for disability discrimination. It claimed that the company, which temporarily granted a request to allow an employee with night blindness to work an earlier shift to avoid an evening commute, should have agreed to extend…
Of all the hills on which an employer should plant its flag to defend, this is not the one. The Americans with Disabilities Act requires an employer to provide reasonable accommodation to qualified individuals with disabilities, except when such accommodation would cause an undue hardship. The undue hardship burden is…
In today’s blog post, we’re doubling up on the employment law lessons. It’s a two for Tuesday Thursday! What inspired this selfless act from the publisher of a free employment law blog? I read this recent federal court decision about an employee who alleged that his employer discriminated against him…
A company fired one of its employees just ten days after learning about his disability. Although the proximity between the two doesn’t confirm that the employee’s disability motivated the employer’s decision, some other vital factors led a federal appellate court to overrule a lower court’s decision in favor of the…
Earlier this month, a federal appellate court had to decide whether a hospital employee could perform her job remotely or whether the job’s essential functions required her to come to work in person. Spoiler alert: The plaintiff lost the failure-to-accommodate claim she asserted under the Americans with Disabilities Act. But…
TL;DR: Yes. But, working overtime must be an essential function of the job. Here’s an example from a recent Fifth Circuit decision. The plaintiff worked as a detention officer. One of the requirements for the job of detention officer was to “work overtime as required,” including “up to sixteen (16)…
The Americans with Disabilities Act makes it unlawful for an employer to discriminate against a qualified applicant or employee with a disability. According to a lawsuit that the U.S. Equal Employment Opportunity Commission filed yesterday, an employer did both. To the same individual. Here’s more from the EEOC press release:…
Yes, alcoholism can be a disability under the Americans with Disabilities Act. The EEOC notes here that the ADA may protect a “qualified” alcoholic who can meet the definition of “disability.” What is a “qualified” alcoholic? Someone who can perform the job’s essential functions with or without accommodation. An employer can…