Association Discrimination Under the Americans with Disabilities Act

Size: px
Start display at page:

Download "Association Discrimination Under the Americans with Disabilities Act"

Transcription

1 Association Discrimination Under the Americans with Disabilities Act Thomas J. Riley Kristen D. DeCato Tobin, Carberry, O Malley, Riley & Selinger, P.C.

2 What is Association Discrimination? Under the ADA, an employer is prohibited from discriminating against an employee based upon their association or relationship with an individual who has a known disability.

3 Statutes and Regulations 42 U.S.C (a)- General rule. No covered entity shall discriminate against a qualified individual with a disability because of the disability of such individual in regard to job application, the hiring, advancement or discharge of employees, employee compensation, job training, and other terms, conditions and privileges of employment.

4 Statutes and Regulations 42 U.S.C (b)(4) the term discriminate includes excluding or otherwise denying equal jobs or benefits to a qualified individual because of the known disability of an individual with whom the qualified individual is known to have a relationship or association. See also EEOC Interpretive Guidelines 29 CFR app.

5 Covered Relationships Intended to cover family, business, social or other relationships. Not limited to familial relationships. See Dollinger,, 44 F. Supp. 2d 467 (N.D.N.Y. 1999). Casual relationships are not protected. See Larimer,, 370 F.3d 698 (7 th Cir. 2004)

6 3 Scenarios See Larimer,, 370 F.3d 698 (7 th Cir. 2004) and EEOC Guidelines, 29 CFR app Expense: Employer is concerned because the spouse of an employee is disabled and caring for the spouse will be costly to the employer s health plan. Jackson,, 96 F.Supp.. 2d 873 (S.D.Ind ); see also Abdel-Khalek Khalek,, 1999 U.S. Dist. LEXIS 2369 (S.D.N.Y. 1999) Distraction: Employer is concerned because the employee is inattentive at work due to concern over a spouse s or child s disability. Abdel- Khalek,, 1999 U.S. LEXIS 2369 (S.D.N.Y. 1999)

7 3 Scenarios Disability by association: The employee s homosexual companion is HIV positive and the employer is concerned that the employee may become infected. See Dollinger,, 44 F. Supp. 2d 467 (N.D.N.Y. 1999); Doe,, 2001 U.S. Dist. LEXIS (D.Oregon 2001) An employee s blood relative has a genetic disability and the employer is concerned the employee may also develop the disability.

8 Reasonable Accommodation Under the ADA, employers are required to give qualified individuals with a disability reasonable accommodation. 42 U.S.C (b)(5). An employee associated with a disabled person is not a qualified individual with a disability and is not entitled to accommodation. 29 CFR app.

9 Reasonable Accommodation Basically, this means that an employee is not entitled to work a modified work schedule to care for a disabled spouse or child. An employee must comply with all uniformly enforced attendance and workplace policies. Association protection applies to cases where the employer has an unfounded belief that the employee will miss work due to an associate s disability. See Overly,, 2006 U.S. App. LEXIS (6 th Cir. 2006); Tyndall,, 31 F.3d 209 (4 th Cir. 1994)

10 The Standard Must make out a prima facie case: The plaintiff was qualified for the job at the time of the adverse employment action; The plaintiff was subjected to adverse employment action; The plaintiff was known by his employer at the time to have a relative or associate with a disability; and The adverse employment action occurred under circumstances raising a reasonable inference that the disability of the relative or associate was a determining factor in the employment decision.

11 The Standard The burden then shifts to the defendant employer to proffer a legitimate, non discriminatory reason for the adverse action. The burden then shifts back to the plaintiff to show that the employer s proffered reason was pretextual. See Den Hartog,, 129 F.3d 1076 (10 th Cir. 1997)

12 The Standard Judge Posner, in Larimer,, 370 F.3d 698 (7 th Cir. 2004) points out that this standard differs from the McDonnell Douglas test. The fourth element requires the plaintiff to produce evidence that he was discriminated against because of his relative s or associate s disability. Contrast this with McDonnell Douglas which only requires a plaintiff to show that he was replaced by someone not in the protected class.

13 The Prima Facie Case Summary judgment denied where the plaintiff requested an unpaid leave of absence to care for her premature, disabled infant because the plaintiff produced evidence that the defendant was concerned about the costs of the child s medical care and that the child s illness would distract the plaintiff. Abdel-Khalek Khalek, 1999 U.S. Dist. LEXIS 2369 (S.D.N.Y. 1999).

14 The Prima Facie Case Repeated absences coupled with continued requests for time off renders an employee unqualified for the position. Tyndall,, 31 F. 3d 209 (4 th Cir. 1994) Where a plaintiff admits unsatisfactory or declining performance, even when attributable to a relative s disability, the plaintiff fails to make out a prima facie case. Tabachnik,, 2004 U.S. Dist. LEXIS 3405 (S.D.N.Y. 2004)

15 Retaliation v. Association in the Prima Facie Case Advocating for a group does not meet the because of prong of the prima facie case of association discrimination but may be retaliation. See Sifre,, 38 F. Supp. 2d 91 (D.P.R. 1999); Barker,, 993 F.Supp.. 10 (D.Me 1998).

16 Direct Threat Employers can defend a claim of association discrimination where a relative or associate of a non disabled employee poses a direct threat to the workplace. Den Hartog,, 129 F.3d 1076 (10 th Cir. 1997)(Son of a teacher posed a direct threat to the student body as a result of his bipolar disorder and the teacher s discharge was not a violation of the ADA); Doe,, 2001 U.S. Dist. LEXIS (D.Ore( 2001) (Employee whose wife had AIDS did not pose a direct threat to the safety of skiers at the resort where the employee was a patroller.)

17 Important Cases Overly,, 2006 U.S. App. LEXIS (6 th Cir. 2006) Larimer,, 370 F.3d 698 (7 th Cir. 2004), cert. denied, 543 U.S. 984 (2004) Den Hartog,, 129 F.3d 1076 (10 th Cir. 1997) Tyndall,, 31 F.3d 209 (4 th Cir. 1994) Tabachnik,, 2004 U.S. Dist. LEXIS 3405 (S.D.N.Y. 2004) Doe,, 2001 U.S. Dist. LEXIS (D.Ore( 2001)

18 Important Cases Jackson,, 96 F.Supp.2d 873 (S.D. Ind. 2000) Abdel-Khalek Khalek,, 1999 U.S. Dist. LEXIS 2369 (S.D.N.Y. 1999) Dollinger,, 44 F.Supp. 2d 467 (N.D.N.Y. 1999) Sifre,, 38 F.Supp.. 2d 91 (D.P.R. 1999), aff d,, 214 F.3d 23 (1 st Cir. 2000) Barker,, 993 F.Supp. 10 (D.Me( 1998) Padilla,, 958 F. Supp. 124 (W.D.N.Y. 1997)

19 Family and Medical Leave Act 29 U.S.C requires certain employers to provide employees with up to 12 unpaid weeks of leave for illness or to care for an ill family member. Must be an employer within statutory definition. See 29 U.S.C Employee must have requisite number of hours. See 29 U.S.C Included is care of spouse, daughter, son or parent. 29 U.S.C Care of an ill associate or other relative is not covered.

20 Family Medical Leave Act Intermittent leave is permitted. 29 USCS 2612; 29 CFR An employee can also work a reduced leave schedule which is a leave schedule that reduces an employee's usual number of working hours per workweek, or hours per workday. 29 CFR There is no limit to the size of the increment of leave taken. For example, an employee can take an hour of FMLA leave for a doctor s appointment.

ASSOCIATION DISCRIMINATION UNDER THE AMERICANS WITH DISABILITIES ACT: ANOTHER UPHILL BATTLE FOR POTENTIAL ADA PLAINTIFFS

ASSOCIATION DISCRIMINATION UNDER THE AMERICANS WITH DISABILITIES ACT: ANOTHER UPHILL BATTLE FOR POTENTIAL ADA PLAINTIFFS ASSOCIATION DISCRIMINATION UNDER THE AMERICANS WITH DISABILITIES ACT: ANOTHER UPHILL BATTLE FOR POTENTIAL ADA PLAINTIFFS Lawrence D. Rosenthal * I. INTRODUCTION In 1990, President George H. Bush signed

More information

5 Discrimination Based on Disability

5 Discrimination Based on Disability 5 Discrimination Based on Disability I. Overview 5.1 Darcie R. Brault Allyson A. Miller II. The Americans with Disabilities Act of 1990 (ADA) A. The Purpose of the ADA 5.2 B. Who Must Comply with the ADA

More information

DISABILITY EMPLOYMENT DISCRIMINATION LAW IN MICHIGAN. Lee Hornberger

DISABILITY EMPLOYMENT DISCRIMINATION LAW IN MICHIGAN. Lee Hornberger DISABILITY EMPLOYMENT DISCRIMINATION LAW IN MICHIGAN by Lee Hornberger This article discusses the Persons with Disabilities Civil Rights Act (PWDCRA), MCL 37.1101, et seq; MSA 3.550(101), et seq, as it

More information

What to do when considering termination of an injured employee and be in compliance with the ADA, the FMLA and workers compensation laws

What to do when considering termination of an injured employee and be in compliance with the ADA, the FMLA and workers compensation laws What to do when considering termination of an injured employee and be in compliance with the ADA, the FMLA and workers compensation laws Most roofing contractors have faced the decision whether to terminate

More information

Addiction at Work: Managing Employees with Drug and Alcohol Issues. Webinar September 21, 2011

Addiction at Work: Managing Employees with Drug and Alcohol Issues. Webinar September 21, 2011 Addiction at Work: Managing Employees with Drug and Alcohol Issues Webinar September 21, 2011 Statutory & Regulatory Framework Federal Statutes Drug-Free Workplace Act Americans with Disabilities Act Rehabilitation

More information

How to Terminate an Employee Lawfully

How to Terminate an Employee Lawfully How to Terminate an Employee Lawfully Todd C. Werts 910 E. Broadway, Ste. B Columbia, Missouri 65201 T: (573) 875-1991 F: (573) 875-1985 werts@learandwerts.com www.learandwerts.com Goals Issue Spotting

More information

NOT RECOMMENDED FOR PUBLICATION File Name: 13a0927n.06. No. 13-5221 UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT ) ) ) ) ) ) ) ) ) ) )

NOT RECOMMENDED FOR PUBLICATION File Name: 13a0927n.06. No. 13-5221 UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT ) ) ) ) ) ) ) ) ) ) ) NOT RECOMMENDED FOR PUBLICATION File Name: 13a0927n.06 No. 13-5221 UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT Gaylus Bailey, v. Plaintiff-Appellant, Real Time Staffing Services, Inc., dba Select

More information

C. Disparate Treatment Theory of Discrimination. Plaintiff XXXX is pursuing his claim of racial discrimination by UPS on the theory of disparate

C. Disparate Treatment Theory of Discrimination. Plaintiff XXXX is pursuing his claim of racial discrimination by UPS on the theory of disparate C. Disparate Treatment Theory of Discrimination. Plaintiff XXXX is pursuing his claim of racial discrimination by UPS on the theory of disparate treatment, as well as disparate impact. Discriminatory or

More information

Caregiver Discrimination. by Patti J. Skoglund

Caregiver Discrimination. by Patti J. Skoglund : by Patti J. Skoglund pskoglund@jlolaw.com 8519 Eagle Point Boulevard, Suite 100 Lake Elmo, Minnesota 55042-8624 (651) 290-6500 EMPLOYMENT LAW WHAT S NEW? I. FAMILY RESPONSIBILITY DISCRIMINATION FRD New

More information

LABOR AND EMPLOYMENT LAW UPDATE FOR MAY 2016 LEAGUE OF CALIFORNIA CITIES CONFERENCE. Timothy L. Davis. Burke, Williams & Sorensen, LLP www.bwslaw.

LABOR AND EMPLOYMENT LAW UPDATE FOR MAY 2016 LEAGUE OF CALIFORNIA CITIES CONFERENCE. Timothy L. Davis. Burke, Williams & Sorensen, LLP www.bwslaw. LABOR AND EMPLOYMENT LAW UPDATE FOR MAY 2016 LEAGUE OF CALIFORNIA CITIES CONFERENCE Timothy L. Davis Burke, Williams & Sorensen, LLP www.bwslaw.com OVERVIEW FOR 2016 UPDATE Labor Law Court Decisions Employment

More information

Employment - Federal Employers Liability Act. EMPLOYMENT FEDERAL RAILWAY SAFETY ACT. LEGAL OVERVIEW (GENERAL)

Employment - Federal Employers Liability Act. EMPLOYMENT FEDERAL RAILWAY SAFETY ACT. LEGAL OVERVIEW (GENERAL) . EMPLOYMENT FEDERAL RAILWAY SAFETY ACT. LEGAL OVERVIEW (GENERAL) The Federal Railway Safety Act, 49 U.S.C. 20101 et seq., (the FRSA ) was enacted in 1970 to promote safety in every area of railroad operations

More information

Leaves of Absence Frequently Asked Questions

Leaves of Absence Frequently Asked Questions Leaves of Absence Frequently Asked Questions 1. What is FMLA? Family Medical Leave Act (FMLA) applies to employers who employ 50 or more employees. FMLA provides eligible employees with up to 12 weeks,

More information

How Employment Law Can Help You and Your Client in Adoption, Child Placement, and Other Family Court Matters. 4th Annual Definitive Ad Litem Seminar

How Employment Law Can Help You and Your Client in Adoption, Child Placement, and Other Family Court Matters. 4th Annual Definitive Ad Litem Seminar How Employment Law Can Help You and Your Client in Adoption, Child Placement, and Other Family Court Matters 4th Annual Definitive Ad Litem Seminar April 11-12, 2014 David C. Holmes Law Offices of David

More information

Disability Law Update: Mental, Psychiatric, and Intellectual Disabilities. Char Eberhardt Chelsea Petersen

Disability Law Update: Mental, Psychiatric, and Intellectual Disabilities. Char Eberhardt Chelsea Petersen Disability Law Update: Mental, Psychiatric, and Intellectual Disabilities Char Eberhardt Chelsea Petersen Presentation Overview ADA and WLAD coverage and definitions Disclosure of mental disabilities and

More information

Anti-discrimination Laws: Utah

Anti-discrimination Laws: Utah CHRISTINA M. JEPSON, PARSONS, BEHLE & LATIMER, WITH PRACTICAL LAW LABOR & EMPLOYMENT A Q&A guide to state anti-discrimination law for private employers in Utah. This Q&A addresses Utah laws prohibiting

More information

THE INTERPLAY OF THE AMERICANS WITH DISABILITIES ACT, WORKERS' COMPENSATION AND FMLA

THE INTERPLAY OF THE AMERICANS WITH DISABILITIES ACT, WORKERS' COMPENSATION AND FMLA August 25, 2015 THE INTERPLAY OF THE AMERICANS WITH DISABILITIES ACT, WORKERS' COMPENSATION AND FMLA Laurie Goetz Kemp Kightlinger & Gray, LLP 3620 Blackiston Blvd., Suite 200 New Albany, IN 47150 812-949-2300

More information

Discrimination in the Workplace Against Individuals with Hearing Loss

Discrimination in the Workplace Against Individuals with Hearing Loss Discrimination in the Workplace Against Individuals with Hearing Loss An applicant or employee may believe that his or her employment rights have been violated on the basis of a hearing disability. In

More information

Dartmouth College Information About the Family and Medical Leave Act

Dartmouth College Information About the Family and Medical Leave Act Dartmouth College Information About the Family and Medical Leave Act Frequently Asked Questions The following is a list of your rights and benefits as an eligible FMLA employee: 12 weeks of unpaid FMLA

More information

Workplace Mysteries: Employment Law Under the Magnifying Glass. Employment Law Half-Day Seminar

Workplace Mysteries: Employment Law Under the Magnifying Glass. Employment Law Half-Day Seminar Employment Law Half-Day Seminar October 30, 2012 Seattle, Washington November 1, 2012 Portland, Oregon This notebook is a publication of Miller Nash llp. It is provided for informational purposes only

More information

1. How many children do you have? This question is inappropriate for two reasons.

1. How many children do you have? This question is inappropriate for two reasons. Interview Questions: Legal or Illegal? Can you ask if an employee has been arrested? If they have a high school diploma? What organizations they belong to? Employment application forms and pre-employment

More information

9/22/2015. Practical Steps for Addressing the Injured, Sick and Disabled Workers. Leave Laws

9/22/2015. Practical Steps for Addressing the Injured, Sick and Disabled Workers. Leave Laws Practical Steps for Addressing the Injured, Sick and Disabled Workers Presenters: Sarah Ewing & Regina Jackson Leave Laws ADA Essential Job Functions Interactive Process Reinstating an Employee FMLA/OFLA

More information

ADVISORY 98/1. An Advisory from the Attorney General s Fair Labor Division on An Act Providing Employees Leave for Certain Family Obligations

ADVISORY 98/1. An Advisory from the Attorney General s Fair Labor Division on An Act Providing Employees Leave for Certain Family Obligations ADVISORY 98/1 An Advisory from the Attorney General s Fair Labor Division on An Act Providing Employees Leave for Certain Family Obligations Pursuant to M.G.L. c. 23, s. 1(b), the Office of the Attorney

More information

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT Case: 09-60765 Document: 00511297029 Page: 1 Date Filed: 11/17/2010 IN THE UNITED STATES COURT OF APPEALS United States Court of Appeals FOR THE FIFTH CIRCUIT Fifth Circuit F I L E D November 17, 2010

More information

Employment At-Will and Employment Law Litigation

Employment At-Will and Employment Law Litigation Employment At-Will and Employment Law Litigation Tara L. Sohlman 900 Jackson Street, Suite 100 Dallas, TX 75202 Email: tara.sohlman@cooperscully.com Phone: 214-712-9563 2016 This paper and/or presentation

More information

Larry A. Burns, District Judge, Presiding

Larry A. Burns, District Judge, Presiding Case: 11-55379 06/ 26/ 2012 ID: 8228066 DktEntry: 25-1 Page: 1 of 5 FILED NOT FOR PUBLICATION JUN 26 2012 UNITED STATES COURT OF APPEALS MOLLY C. DWYER, CLERK U. S. COURT OF APPEALS FOR THE NINTH CIRCUIT

More information

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA MEMORANDUM AND ORDER. Kauffman, J. December 16, 2008

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA MEMORANDUM AND ORDER. Kauffman, J. December 16, 2008 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA DAVID B. HADLEY CIVIL ACTION v. NO. 08-1440 PFIZER INC. MEMORANDUM AND ORDER Kauffman, J. December 16, 2008 Plaintiff David

More information

Nonprofit Organizations Committee Legal Quick Hit: Employment Law Litigation Trends: How Your Nonprofit Can Avoid Common Family-Oriented Lawsuits

Nonprofit Organizations Committee Legal Quick Hit: Employment Law Litigation Trends: How Your Nonprofit Can Avoid Common Family-Oriented Lawsuits Nonprofit Organizations Committee Legal Quick Hit: Employment Law Litigation Trends: How Your Nonprofit Can Avoid Common Family-Oriented Lawsuits MODERATOR: JEFFREY S. TENENBAUM, ESQ. TUESDAY, JANUARY

More information

UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA FORT MYERS DIVISION. v. Case No: 2:13-cv-728-FtM-29DNF OPINION AND ORDER

UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA FORT MYERS DIVISION. v. Case No: 2:13-cv-728-FtM-29DNF OPINION AND ORDER ROBERT KOSSOWSKI, an individual, Plaintiff, UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA FORT MYERS DIVISION v. Case No: 2:13-cv-728-FtM-29DNF THE CITY OF NAPLES, a municipal corporation of

More information

UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA TAMPA DIVISION. Plaintiff, Case No.: 8:15-cv-702-T-24EAJ ORDER

UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA TAMPA DIVISION. Plaintiff, Case No.: 8:15-cv-702-T-24EAJ ORDER Jones v. Gulf Coast Health Care of Delaware, LLC Doc. 31 UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA TAMPA DIVISION RODNEY JONES, vs. Plaintiff, Case No.: 8:15-cv-702-T-24EAJ GULF COAST HEALTH

More information

By Lawrence Peikes and Meghan D. Burns

By Lawrence Peikes and Meghan D. Burns By Lawrence Peikes and Meghan D. Burns On September 25, 2008, President George W. Bush signed the Americans with Disabilities Act Amendments Act of 2008 (ADAAA) into law. The ADAAA, which took effect on

More information

F I L E D February 8, 2013

F I L E D February 8, 2013 Case: 12-20034 Document: 00512140008 Page: 1 Date Filed: 02/08/2013 IN THE UNITED STATES COURT OF APPEALS United States Court of Appeals FOR THE FIFTH CIRCUIT Fifth Circuit F I L E D February 8, 2013 Lyle

More information

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF OKLAHOMA

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF OKLAHOMA Madrid v. Legend Senior Living LLC Doc. 44 IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF OKLAHOMA KAMA MADRID, ) ) Plaintiff, ) ) -vs- ) Case No. CIV-11-488-R ) LEGEND SENIOR LIVING,

More information

U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Washington, D.C. 20507. Jeremy Nathan, Complainant,

U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Washington, D.C. 20507. Jeremy Nathan, Complainant, U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Washington, D.C. 20507 Commissioner Constance S. Barker Jeremy Nathan, Complainant, v. Eric H. Holder, Jr., Attorney General, Department of Justice (Federal

More information

UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT ORDER AND JUDGMENT * Cynthia Montoya appeals the district court s decision granting summary

UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT ORDER AND JUDGMENT * Cynthia Montoya appeals the district court s decision granting summary CYNTHIA MONTOYA, UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT FILED United States Court of Appeals Tenth Circuit January 25, 2016 Elisabeth A. Shumaker Clerk of Court Plaintiff - Appellant, v.

More information

Employment Law Disclosures

Employment Law Disclosures Employment Law Disclosures This document summarizes various federal and state employment law notifications that are required to be made to employees and/or applicants for employment. Federal Equal Employment

More information

a) The employee s eligibility is determined from the date leave begins. b) Military time is credited as if the employee would have been working.

a) The employee s eligibility is determined from the date leave begins. b) Military time is credited as if the employee would have been working. I. Family Medical Leave Act (FMLA) A. Covered Employees 1. All employees, including seasonal, who have been employed for at least 52 weeks with the City and who have worked at least 1,250 hours in the

More information

U. S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION -------------------------------------------------------------------------x

U. S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION -------------------------------------------------------------------------x U. S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION -------------------------------------------------------------------------x Ms. Betzaida Cruz Cardona, Claimant -against- CHARGE TVI, Inc. (d/b/a Savers) and

More information

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA DENIS SHEILS AND HARRIET SHEILS : CIVIL ACTION : v. : : UNIVERSITY OF PENNSYLVANIA : NO. 97-5510 MEDICAL CENTER, : JANET RENO,

More information

P.O. Box 11615, Eugene, OR 97440 Tel: (541) 484-2692 Fax: (541) 484-3004 Email: andys@fseee.org

P.O. Box 11615, Eugene, OR 97440 Tel: (541) 484-2692 Fax: (541) 484-3004 Email: andys@fseee.org P.O. Box 11615, Eugene, OR 97440 Tel: (541) 484-2692 Fax: (541) 484-3004 Email: andys@fseee.org October 6, 2010 Liz Brown, Attorney U.S. Office of Special Counsel 1301 Clay Street, Suite 1220N Oakland,

More information

2.21 THE NEW JERSEY LAW AGAINST DISCRIMINATION ( NJLAD ) (N.J.S.A. 10:5-1 et seq.) INTRODUCTORY NOTE TO THE COURT (Approved 5/03)

2.21 THE NEW JERSEY LAW AGAINST DISCRIMINATION ( NJLAD ) (N.J.S.A. 10:5-1 et seq.) INTRODUCTORY NOTE TO THE COURT (Approved 5/03) CHARGE 2.21 Page 1 of 13 2.21 THE NEW JERSEY LAW AGAINST DISCRIMINATION ( NJLAD ) (N.J.S.A. 10:5-1 et seq.) INTRODUCTORY NOTE TO THE COURT (Approved 5/03) The model employment discrimination charges that

More information

Costliest Termination Mistakes and How to Avoid Them: Leaves, Workers Compensation, Disabilities and More

Costliest Termination Mistakes and How to Avoid Them: Leaves, Workers Compensation, Disabilities and More Costliest Termination Mistakes and How to Avoid Them: Leaves, Workers Compensation, Disabilities and More Michael W. Garrison, Jr. O Melveny & Myers LLP Harold M. Brody Proskauer Rose LLP 0 Preliminary

More information

September 2014. The bill itself can be viewed at: https://malegislature.gov/laws/sessionlaws/acts/2014/chapter260

September 2014. The bill itself can be viewed at: https://malegislature.gov/laws/sessionlaws/acts/2014/chapter260 September 2014 Additional information will be forthcoming related to any required change in Matrix s process, practice, written or verbal employee communications as a result of these new laws. Massachusetts

More information

LABOR AND EMPLOYMENT LAW UPDATE

LABOR AND EMPLOYMENT LAW UPDATE LABOR AND EMPLOYMENT LAW UPDATE John A. Ontiveros, Esq. League of Cities Conference May 6, 2011 TOPICS WE RE COVERING TODAY The Cat s Paw Case Third-party retaliation Accommodation under the FMLA (burden

More information

1:12-cv-12433-TLL-CEB Doc # 15 Filed 06/11/13 Pg 1 of 17 Pg ID 259 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN NORTHERN DIVISION

1:12-cv-12433-TLL-CEB Doc # 15 Filed 06/11/13 Pg 1 of 17 Pg ID 259 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN NORTHERN DIVISION 1:12-cv-12433-TLL-CEB Doc # 15 Filed 06/11/13 Pg 1 of 17 Pg ID 259 JODI BANASZAK, UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN NORTHERN DIVISION v. Plaintiff, Case No. 12-12433 Honorable Thomas

More information

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF MISSOURI SOUTHERN DIVISION ) ) ) ) ) ) ) ) ) ) ORDER AND CONSENT JUDGMENT

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF MISSOURI SOUTHERN DIVISION ) ) ) ) ) ) ) ) ) ) ORDER AND CONSENT JUDGMENT IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF MISSOURI SOUTHERN DIVISION EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, v. Plaintiff, GRISHAM FARM PRODUCTS, INC., Defendant. Case No. 6:16-cv-03105-MDH

More information

Fair Labor Standards Act Guide

Fair Labor Standards Act Guide Fair Labor Standards Act Guide Executive Employee Exemption not less than [minimum wage x 40 hours] per week exclusive of board, lodging or other facilities, AND Primary duty is management of the enterprise

More information

Standing at the Intersection of Workplace Injuries: When Both Federal and State Government Get Involved

Standing at the Intersection of Workplace Injuries: When Both Federal and State Government Get Involved Standing at the Intersection of Workplace Injuries: When Both Federal and State Government Get Involved Presented by: Mark A. Baugh mbaugh@bakerdonelson.com Workers Comp/FMLA/ADAAA Roadmap Basic Statutory

More information

Case 3:14-cv-00137-AC Document 10 Filed 03/26/14 Page 1 of 14 Page ID#: 43

Case 3:14-cv-00137-AC Document 10 Filed 03/26/14 Page 1 of 14 Page ID#: 43 Case 3:14-cv-00137-AC Document 10 Filed 03/26/14 Page 1 of 14 Page ID#: 43 Calvin L. Keith, OSB No. 814368 CKeith@perkinscoie.com Sarah J. Crooks, OSB No. 971512 SCrooks@perkinscoie.com PERKINS COIE LLP

More information

DATE ISSUED: 10/19/2009 1 of 5 UPDATE 86 DEC(LEGAL)-P

DATE ISSUED: 10/19/2009 1 of 5 UPDATE 86 DEC(LEGAL)-P Note: This policy addresses leaves in general. For provisions regarding the Family and Medical Leave Act (FMLA), including FML for an employee seeking leave because of a relative s military service, see

More information

Follow this and additional works at: http://digitalcommons.law.villanova.edu/thirdcircuit_2005

Follow this and additional works at: http://digitalcommons.law.villanova.edu/thirdcircuit_2005 2005 Decisions Opinions of the United States Court of Appeals for the Third Circuit 10-13-2005 EEOC v. Avecia Inc Precedential or Non-Precedential: Non-Precedential Docket No. 04-3396 Follow this and additional

More information

FAMILY CARE LEAVE OF ABSENCE REQUEST FORM

FAMILY CARE LEAVE OF ABSENCE REQUEST FORM FAMILY CARE LEAVE OF ABSENCE REQUEST FORM Section 1: For completion by the Employee The FMLA permits an employer to require that you submit a timely, complete, and sufficient medical certification to support

More information

Walmart s Accommodation in Employment Policy and Pregnancy/Disability Discrimination: A Backgrounder

Walmart s Accommodation in Employment Policy and Pregnancy/Disability Discrimination: A Backgrounder Walmart s Accommodation in Employment Policy and Pregnancy/Disability Discrimination: A Backgrounder. By: A Better Balance & the National Women s Law Center I. The Legal Challenge to Walmart s Pregnancy

More information

If you have any questions, concerns, or disputes with this policy, you must contact [insert name and contact info for appropriate person] in writing.

If you have any questions, concerns, or disputes with this policy, you must contact [insert name and contact info for appropriate person] in writing. EMPLOYMENT CONTRACT BETWEEN THE EMPLOYEE AND THE RIGHTS OR ENTITLEMENTS. THE AGENCY RESERVES THE RIGHT TO REVISE THE CONTENT OF THIS DOCUMENT, IN WHOLE OR IN ORAL, WHICH ARE CONTRARY TO OR INCONSISTENT

More information

FREQUENTLY ASKED QUESTIONS

FREQUENTLY ASKED QUESTIONS 1/09 FREQUENTLY ASKED QUESTIONS 1. Which employees are eligible for an FMLA qualifying leave? An "eligible employee" is a State employee who: a) Has been employed by the State for at least 12 months, and

More information

Know the Law About Immunization Requirements When Children Enter Child Care in California

Know the Law About Immunization Requirements When Children Enter Child Care in California Know the Law About Immunization Requirements When Children Enter Does a child have to be immunized before starting child care? Yes. Community Care Licensing Division (Licensing) rules require immunization

More information

U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION

U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION THE EEOC S LAWS and UNLAWFUL DISCRIMINATION Presented by Eddie Mary Daniel Abdulhaqq Program Analyst/Small Business Liaison U.S. EQUAL EMPLOYMENT OPPORTUNITY

More information

QUESTIONS AND ANSWERS: THE AMERICANS WITH DISABILITIES ACT AND HIRING POLICE OFFICERS

QUESTIONS AND ANSWERS: THE AMERICANS WITH DISABILITIES ACT AND HIRING POLICE OFFICERS U.S. Department of Justice Civil Rights Division Disability Rights Section QUESTIONS AND ANSWERS: THE AMERICANS WITH DISABILITIES ACT AND HIRING POLICE OFFICERS The Americans with Disabilities Act, or

More information

THE LAW. Equal Employment Opportunity is

THE LAW. Equal Employment Opportunity is Equal Employment Opportunity is THE LAW Private Employers, State and Local Governments, Educational Institutions, Employment Agencies and Labor Organizations Applicants to and employees of most private

More information

You Are Served : Litigation In The Workplace

You Are Served : Litigation In The Workplace You Are Served : Litigation In The Workplace Presented by: Wendy J. Mellk, Esq. Jackson Lewis LLP 58 South Service Rd., Ste. 410 Melville, NY 11747 (631) 247-0404 mellkw@jacksonlewis.com Copyright 2008

More information

Family and Medical Leave

Family and Medical Leave Family and Medical Leave Application: All positions covered under the Virginia Personnel Act to include full-time and part-time classified, restricted employees, and eligible wage employees. Background

More information

SUPREME COURT OF THE UNITED STATES

SUPREME COURT OF THE UNITED STATES (Slip Opinion) OCTOBER TERM, 2003 1 Syllabus NOTE: Where it is feasible, a syllabus (headnote) will be released, as is being done in connection with this case, at the time the opinion is issued. The syllabus

More information

Drug & Alcohol Abuse: Legal Updates Employers Need to Know

Drug & Alcohol Abuse: Legal Updates Employers Need to Know Drug & Alcohol Abuse: Legal Updates Employers Need to Know Agenda FMLA & ADA Overview ADA Recent Cases Recent Cases with FMLA and ADA Elements FMLA & ADA Family Medical Leave Act ( FMLA ) For employee

More information

NOT RECOMMENDED FOR PUBLICATION File Name: 16a0059n.06. No. 15-5011 UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT ) ) ) ) ) ) ) ) ) ) )

NOT RECOMMENDED FOR PUBLICATION File Name: 16a0059n.06. No. 15-5011 UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT ) ) ) ) ) ) ) ) ) ) ) NOT RECOMMENDED FOR PUBLICATION File Name: 16a0059n.06 No. 15-5011 UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT ELLEY A. LOPREATO, APRN, RN; SUSAN M. TAYLOR, RN v. Plaintiffs-Appellants, SELECT

More information

Case 1:13-cv-11066-FDS Document 21 Filed 11/13/13 Page 1 of 12 UNITED STATES DISTRICT COURT DISTRICT OF MASSACHUSETTS ) ) ) ) ) ) ) ) ) ) ) )

Case 1:13-cv-11066-FDS Document 21 Filed 11/13/13 Page 1 of 12 UNITED STATES DISTRICT COURT DISTRICT OF MASSACHUSETTS ) ) ) ) ) ) ) ) ) ) ) ) Case 1:13-cv-11066-FDS Document 21 Filed 11/13/13 Page 1 of 12 UNITED STATES DISTRICT COURT DISTRICT OF MASSACHUSETTS DEBORAH PEREZ, Plaintiff, v. GREATER NEW BEDFORD VOCATIONAL TECHNICAL SCHOOL DISTRICT,

More information

This brochure provides general guidance on the legal rights of individuals with alcohol and drug problems. It is not intended to serve as legal

This brochure provides general guidance on the legal rights of individuals with alcohol and drug problems. It is not intended to serve as legal This brochure provides general guidance on the legal rights of individuals with alcohol and drug problems. It is not intended to serve as legal advice for any particular case involving or potentially involving

More information

THE GEORGIA NON-PROFIT AND LAWS PREVENTING DISCRIMINATION IN EMPLOYMENT

THE GEORGIA NON-PROFIT AND LAWS PREVENTING DISCRIMINATION IN EMPLOYMENT THE GEORGIA NON-PROFIT AND LAWS PREVENTING DISCRIMINATION IN EMPLOYMENT By: Benjamin D. Briggs Anna C. Curry TROUTMAN SANDERS LLP 600 Peachtree Street NE Bank of America Plaza, Suite 5200 Atlanta, Georgia

More information

OKLAHOMA CITY UNIVERSITY POLICY THE FAMILY AND MEDICAL LEAVE ACT (FMLA)

OKLAHOMA CITY UNIVERSITY POLICY THE FAMILY AND MEDICAL LEAVE ACT (FMLA) OKLAHOMA CITY UNIVERSITY POLICY THE FAMILY AND MEDICAL LEAVE ACT (FMLA) Oklahoma City University provides leaves of absence under the Family and Medical Leave Act of 1993, as amended, to eligible regular

More information

Issue and Claim Spotting Checklist for Plaintiffs Counsel. Pregnancy: Failure to Accommodate

Issue and Claim Spotting Checklist for Plaintiffs Counsel. Pregnancy: Failure to Accommodate Issue and Claim Spotting Checklist for Plaintiffs Counsel Pregnancy: Failure to Accommodate This checklist discusses some of the most common scenarios potential plaintiffs bring to plaintiffs employment

More information

Paid Sick Leave Policy Template. Eligible Employees. Sick Pay Amount. Option 1: Accrual Rate. Option 1.1: Cap on Accrual

Paid Sick Leave Policy Template. Eligible Employees. Sick Pay Amount. Option 1: Accrual Rate. Option 1.1: Cap on Accrual As of July 1, 2015, California law provides for mandatory paid sick leave under the Healthy Workplaces, Healthy Families Act (the "Act"). This paid sick leave policy is intended to comply with the requirements

More information

EMPLOYEE RIGHTS AND RESPONSIBILITIES UNDER THE FAMILY AND MEDICAL LEAVE ACT

EMPLOYEE RIGHTS AND RESPONSIBILITIES UNDER THE FAMILY AND MEDICAL LEAVE ACT EMPLOYEE RIGHTS AND RESPONSIBILITIES UNDER THE FAMILY AND MEDICAL LEAVE ACT Basic Leave Entitlement FMLA requires covered employers to provide up to 12 weeks of unpaid, jobprotected leave to eligible employees

More information

Disability Provisions. GA and Food Stamps

Disability Provisions. GA and Food Stamps Disability Provisions GA and Food Stamps Updated 9/2013 Legal Services of Northern California 2013 1 Prevalence of Disabilities 70% of food stamp household heads were exempt from work registration requirements

More information

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION EQUAL EMPLOYMENT OPPORTUNITY ) COMMISSION, ) ) Plaintiff, ) ) No. 09 C 5291 v. ) ) Judge Sara L. Ellis UNITED PARCEL SERVICE,

More information

Fitness For Duty For Employers:

Fitness For Duty For Employers: Fitness For Duty For Employers: Guidelines on medical inquiries, accommodation and managing injury, illness, attendance and work assignments under FMLA, ADA and workers compensation regulations. 1. Q:

More information

THE FMLA, THE ADA AND WORKERS COMPENSATION LAWS

THE FMLA, THE ADA AND WORKERS COMPENSATION LAWS Primary purpose of. Conditions triggering coverage THE FMLA, THE ADA AND WORKERS COMPENSATION LAWS To balance the competing obligations of the workplace and family. Provides unpaid leave to an employee

More information

EMPLOYMENT. What federal and state laws protect me at my job site?

EMPLOYMENT. What federal and state laws protect me at my job site? EMPLOYMENT In recent years, breakthroughs in treatment have allowed HIV-positive individuals to lead fulfilling lives with less severe symptoms. As a result, many people with HIV feel healthy enough to

More information

ERISA Causes of Action *

ERISA Causes of Action * 1 ERISA Causes of Action * ERISA authorizes a variety of causes of action to remedy violations of the statute, to enforce the terms of a benefit plan, or to provide other relief to a plan, its participants

More information

United States Court of Appeals For the Eighth Circuit

United States Court of Appeals For the Eighth Circuit United States Court of Appeals For the Eighth Circuit No. 14-2685 Jessica Brown lllllllllllllllllllll Plaintiff - Appellant v. Diversified Distribution Systems, LLC lllllllllllllllllllll Defendant - Appellee

More information

Insurance Discrimination

Insurance Discrimination Insurance Discrimination Michael Bachhuber, Attorney Wisconsin Coalition for Advocacy Fair or unfair discrimination Introduction Insurance discrimination is a bit different conceptually from other forms

More information

In analyzing an employment situation where these laws might apply, employers should follow three rules of thumb:

In analyzing an employment situation where these laws might apply, employers should follow three rules of thumb: From the UE Toolbox Navigating the Intersection of the ADA, FMLA, and Workers Compensation Employment situations that involve the Americans with Disabilities Act (ADA), Family and Medical Leave Act (FMLA),

More information

Presented by: Matthew S. Brick Maria E. Brownell Brick Gentry, P.C.

Presented by: Matthew S. Brick Maria E. Brownell Brick Gentry, P.C. Presented by: Matthew S. Brick Maria E. Brownell Brick Gentry, P.C. Two Rules for Today: Rule #1 No Good Deed Goes Unpunished! Two Rules for Today: Rule #2 If It Wasn t Written Down, It Didn t Happen!

More information

This opinion will be unpublished and may not be cited except as provided by Minn. Stat. 480A.08, subd. 3 (2014).

This opinion will be unpublished and may not be cited except as provided by Minn. Stat. 480A.08, subd. 3 (2014). This opinion will be unpublished and may not be cited except as provided by Minn. Stat. 480A.08, subd. 3 (2014). STATE OF MINNESOTA IN COURT OF APPEALS A14-1939 Troy K. Scheffler, Appellant, vs. Minnesota

More information

A Masterful Act : Vocational Testimony in ADAAA & CA_FEHA Employment Disability Discrimination Cases

A Masterful Act : Vocational Testimony in ADAAA & CA_FEHA Employment Disability Discrimination Cases A Masterful Act : Vocational Testimony in ADAAA & CA_FEHA Employment Disability Discrimination Cases Las Vegas, NV March 24, 2012 Presented by: Lisa Suhonos, MS, CDMS, ABVE-D Suhonos Occupational Services,

More information

MI: RELEASE OF FORMER FF S PERSONNEL FILE TO PRESS NEGATIVE STORY - RETALIATION LAWSUIT REINSTATED

MI: RELEASE OF FORMER FF S PERSONNEL FILE TO PRESS NEGATIVE STORY - RETALIATION LAWSUIT REINSTATED MI: RELEASE OF FORMER FF S PERSONNEL FILE TO PRESS NEGATIVE STORY - RETALIATION LAWSUIT REINSTATED On March 13, 2014, in Mark Laster v. City of Kalamazoo, et al, the U.S. Court of Appeals for 6 th Circuit

More information

Administrative Bulletin

Administrative Bulletin STATE OF CALIFORNIA DEPARTMENT OF JUSTICE DATE: 1/27/2015 NO. 15-03 EXPIRES: Indefinite DISTRIBUTION: A - MANAGEMENT Administrative Bulletin x B - MGMT& SUPERVISORY C - ALL EMPLOYEES SUBJECT Equal Employment

More information

EMPLOYEE RIGHTS AND RESPONSIBILITIES UNDER THE FAMILY AND MEDICAL LEAVE ACT

EMPLOYEE RIGHTS AND RESPONSIBILITIES UNDER THE FAMILY AND MEDICAL LEAVE ACT EMPLOYEE RIGHTS AND RESPONSIBILITIES UNDER THE FAMILY AND MEDICAL LEAVE ACT Basic Leave Entitlement FMLA requires covered employers to provide up to 12 weeks of unpaid, jobprotected leave to eligible employees

More information

UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT ORDER AND JUDGMENT * Before HARTZ, ANDERSON, and BALDOCK, Circuit Judges.

UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT ORDER AND JUDGMENT * Before HARTZ, ANDERSON, and BALDOCK, Circuit Judges. FILED United States Court of Appeals Tenth Circuit February 9, 2012 UNITED STATES COURT OF APPEALS Elisabeth A. Shumaker Clerk of Court FOR THE TENTH CIRCUIT SHARON K. BOESE, Plaintiff-Appellant, v. FORT

More information

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF WISCONSIN. v. Case No. 12-CV-1210

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF WISCONSIN. v. Case No. 12-CV-1210 First American Title Insurance Company v. Westbury Bank Doc. 49 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF WISCONSIN FIRST AMERICAN TITLE INSURANCE COMPANY, Plaintiff, v. Case No. 12-CV-1210 WESTBURY

More information

ADA-Protected Misconduct? Is it misconduct, or is it a disability, or both?

ADA-Protected Misconduct? Is it misconduct, or is it a disability, or both? ADA-Protected Misconduct? Is it misconduct, or is it a disability, or both? Presented by: CarolAnn McConville, Lauren Blevins, and Bill Berger Labor & Employment Law Section of the Colorado Bar Association

More information

FAMILY RESPONSIBILITY DISCRIMINATION

FAMILY RESPONSIBILITY DISCRIMINATION Michele Ballard Miller Miller Law Group 500 Sansome Street Suite 400 San Francisco, CA 94111 tel: 415-464-4300 fax: 415-464-4336 www.millerlawgroup.com Although not specifically prohibited by federal anti-bias

More information

The Triangle. Part One Overview of FMLA ADAAA Workers Compensation

The Triangle. Part One Overview of FMLA ADAAA Workers Compensation The Triangle Part One Overview of FMLA ADAAA Workers Compensation Discuss the Family Medical Leave Act and how it applies to counties Review the Americans with Disabilities Amendments Act and its impact

More information

PREGNANCY AND PARENTAL LEAVE FOR HIGHER EDUCATION EMPLOYEES: Questions and Answers

PREGNANCY AND PARENTAL LEAVE FOR HIGHER EDUCATION EMPLOYEES: Questions and Answers PREGNANCY AND PARENTAL LEAVE FOR HIGHER EDUCATION EMPLOYEES: Questions and Answers Introduction Judith Neumann, MTA Attorney August 2002 If you are working and pregnant or planning a family, you need to

More information

Retaliation and Whistleblower Claims

Retaliation and Whistleblower Claims Retaliation and Whistleblower Claims 2012 Labor and Employment Relations Law Seminar Thomas W. Scrivner TWScrivner@michaelbest.com This presentation is intended for general information purposes only and

More information

Case 1:08-cv-00284-CB-M Document 29 Filed 06/15/09 Page 1 of 9

Case 1:08-cv-00284-CB-M Document 29 Filed 06/15/09 Page 1 of 9 Case 1:08-cv-00284-CB-M Document 29 Filed 06/15/09 Page 1 of 9 IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ALABAMA SOUTHERN DIVISION CHRISTOPHER WILLIAMSON, ) Plaintiff, ) v. ) CIVIL

More information

WHISTLEBLOWERS PROTECTION ACT

WHISTLEBLOWERS PROTECTION ACT WHISTLEBLOWERS PROTECTION ACT Employees are Whistling While They Work Presented by Laurel F. McGiffert A Popular Song Government entities were target defendants in high verdicts rendered in employment

More information

Legal Update for California Independent Schools

Legal Update for California Independent Schools 6033 WEST CENTURY BOULEVARD, 5 TH FLOOR LOS ANGELES, CALIFORNIA 90045 T: (310) 981-2000 F: (310) 337-0837 153 TOWNSEND STREET, SUITE 520 SAN FRANCISCO, CALIFORNIA 94107 T: (415) 512-3000 F: (415) 856-0306

More information

IC 22-9-5 Chapter 5. Employment Discrimination Against Disabled Persons

IC 22-9-5 Chapter 5. Employment Discrimination Against Disabled Persons IC 22-9-5 Chapter 5. Employment Discrimination Against Disabled Persons IC 22-9-5-1 "Auxiliary aids and services" defined Sec. 1. As used in this chapter, "auxiliary aids and services" includes the following:

More information

FAMILY AND MEDICAL LEAVE ACT (FMLA) POLICY

FAMILY AND MEDICAL LEAVE ACT (FMLA) POLICY FAMILY AND MEDICAL LEAVE ACT (FMLA) POLICY Purpose To define policy pursuant to the federal Family and Medical Leave Act for employees of Olympus Corporation of the Americas ( OCA ), Olympus America Inc.

More information

The Injured Worker a Practical Approach to Managing Workers Compensation, ADA and FMLA issues

The Injured Worker a Practical Approach to Managing Workers Compensation, ADA and FMLA issues The Injured Worker a Practical Approach to Managing Workers Compensation, ADA and FMLA issues One of the most perplexing and treacherous aspects of managing a workforce is the handling of an employee who

More information

No. 1-10-2072 IN THE APPELLATE COURT OF ILLINOIS FIRST JUDICIAL DISTRICT

No. 1-10-2072 IN THE APPELLATE COURT OF ILLINOIS FIRST JUDICIAL DISTRICT NOTICE: This order was filed under Supreme Court Rule 23 and may not be cited as precedent by any party except in the limited circumstances allowed under Rule 23(e)(1). SIXTH DIVISION JUNE 30, 2011 IN

More information

FMLA Qualifying Exigency Leave and OFLA Military Family Leave

FMLA Qualifying Exigency Leave and OFLA Military Family Leave Salem-Keizer Public Schools Family and Medical Leave Handbook FMLA Qualifying Exigency Leave and OFLA Military Family Leave Please read this statement before proceeding This packet is a summary of Family

More information