Posts Tagged ‘ADA’

As we start the New Year, employers would be wise to conduct an audit of their employee handbooks to make sure they are up-to-date and legally compliant.  What are some of the top issues you will want to be aware of regarding potential changes for 2016?  There are many. First and foremost, you will want […]

Recently, the U.S. Supreme Court issued its decision in Young v UPS. The case addresses the application of the Pregnancy Discrimination Act of 1978 (“PDA”) and the level of accommodations that must be provided to pregnant woman seeking to have modified duty because of temporary impairments or work restrictions (such as lifting limits). The Court […]

Melissa Fleischer, Esq. recently was a guest speaker on the Legal Talk Network’s episode of Workers Comp Matters.  In this episode host Alan Pierce interviews Melissa Fleischer, Esq.  from HR Learning Center LLC. This podcast will provide you with information regarding FMLA, ADA and workers’ compensation claim rights and duties.    

Is Telecommuting a Reasonable Accommodation under the ADA? Recently, the Sixth Circuit in EEOC v. Ford Motor Company,  held that it might be. In this case, Jane Harris, an employee with irritable bowel syndrome requested the opportunity to telecommute and work several days a week from home. Ford Motor Company refused claiming that an essential […]

When someone sues under the ADA for discrimination, the courts sort out what happens according to a process known as a “shifting burden.” That’s a dialogue of accusations and responses that allows each party to explain its side of the story: 1. An employee makes a prima facie case of discrimination. This is a statement […]

By: Melissa Fleischer, Esq. As a manager, what are the top FMLA mistakes that you need to avoid?  Without a doubt, number 1 mistake is not understanding the definition of “serious health condition”.  Managers need to understand that “serious” is a misnomer.  What qualifies as a serious health condition under the FMLA has nothing to […]