It is not unusual for companies of all sizes to outsource their HR functions and/or their benefit administration, though outsourcing their benefits administration is probably more common. What happens if the third party administrator starts making employment decisions for the company whose benefits they are administering? In that situation, there is a risk that the
interactive process
Temporary disabilities and the ADA
By William Goren on
Posted in ADA, Final Federal Regulations, Proposed Federal Regulations, Title I, Title II, Title III
In the first and second editions of my book, understanding the ADA, I cited to the case of Burch v. Coca-Cola Company, 119 F.3d 305 (5th Cir. 1997), for the proposition that temporary disabilities are not protected by the ADA. However, I did say as a preventive manner, it made sense to treat temporary…
Is indefinite medical leave a reasonable accommodation under the ADA? ? State Law? Local municipal law?
By William Goren on
Posted in State Cases, Title I
In a prior blog entry, we discussed whether indefinite medical leave was a reasonable accommodation under the ADA. In that blog entry, we discussed a case from the 10th circuit, where they held that indefinite leave was not a reasonable accommodation under the ADA. But that isn’t the end of the matter. What about…
Does a resignation end an employer’s duty to accommodate an employee?
By William Goren on
Posted in Federal Cases, Title I
An employee learns that she has cancer. Shaken up by the diagnosis she returns to work the same day and tells the on-site coordinator of her diagnosis. The on-site supervisor then communicates same to the company’s administration and on-site operations manager for the regional area explaining that the employee has been sent home because of…
I wanna be a lifeguard with apologies to blotto part 2
By William Goren on
In a prior blog entry, I talked about a case out of Michigan whereby the District Court granted summary judgment to the County when the county refused to hire a person who wanted to be a lifeguard because he was deaf. Well now the Sixth Circuit has weighed in and has reversed the district…
Some thoughts on retaliation and the ADA
By William Goren on
42 U.S.C. § 12203(a) prohibits retaliation against an individual opposing any act or practice that violate the ADA or because the individual made a charge, testified, assisted, or participated in any manner an investigation, proceeding or hearing. Over the last few weeks, I have come across a few cases in the retaliation area that deserve…
Lessons learned
By William Goren on
Some cases are excellent for providing a roadmap on what to do, other cases are good for getting new lessons so that you can take preventive steps to not run down that path. The particular case here is one of the latter. In Peters v. University of Cincinnati College of Medicine, 2012 WL 3878601…
Reassignment revisited
By William Goren on
Posted in Federal Cases, Title I
In a prior blog entry, I discussed how the issue of reassignment when an otherwise qualified person with a disability can no longer do the job would eventually be headed to the Supreme Court. However, that entry did not address the question as to how you go about proving up, i.e. making a prima…