Tag: ADA

FMLA and ADA Interplay Quiz: Medical Exam Requests after Leave

Although the legal requirements of the Family and Medical Leave Act (FMLA) and the Americans with Disabilities Act (ADA) are similar in some regards, at times an employer may find that the requirements of one law contradict the other, and the employer cannot comply with both laws. In these cases, it is important to know […]

Train to Prevent Retaliation in Your Workplace

Retaliation claims are getting more and more employers into hot water, but such claims can be prevented with good training. In particular, ensure managers at your organization are fully aware of employees’ rights under the Family and Medical Leave Act (FMLA) and the Americans with Disabilities Act (ADA).

ADA: Did Employer Have the Right to Discharge Employee for Lingering Wound?

By Libby Rasmussen, JD Employers can find themselves between a rock and a hard place when an employee’s illness or injury poses a risk to other people—e.g., patients, customers, and colleagues. Employers have an understandable desire to keep others out of harm’s way, but they could face a disability discrimination suit if they don’t execute […]

FMLA and ADA Interplay Quiz: Reinstatement After Leave

Here, we present a workplace scenario where the Family and Medical Leave Act (FMLA) and the Americans with Disabilities Act (ADA) may both apply. Then we provide relevant information about each law and what advice should be given to the employer or what action should be taken regarding ADA and FMLA interplay.

Federal Laws that Affect Application Forms

Whenever you’ve got new applicants, you always want to start them off on the right foot. One of the most critical aspects of this is ensuring that your application form doesn’t put you in any legal trouble.

Workplace Retaliation under the FMLA, ADA

An employer may not terminate or otherwise discriminate against an employee in retaliation for engaging in an otherwise protected activity—for instance, making a discrimination complaint or participating in the investigation of a discrimination complaint.

Ask the Expert: Sick Leave Policy Reduces Employee Commissions

We have an employee who has had excessive absences this year (over a dozen). All employees are given three sick days annually. Our policy says that if you (the employee) are absent with sick pay you will have 20% of your commission reduced. If you are absent but have no more sick pay accrual, you […]

Bipolar Employee’s Failure to Return to Work Dooms ADA Claims

By Ryann E. Ricchio, JD A recent decision from the 7th Circuit Court—which covers Illinois, Indiana, and Wisconsin—presents employers with an interesting analysis and a good review of the various theories and methods of proof for Americans with Disabilities Act (ADA) claims. The 7th Circuit affirmed a lower court’s decision in favor of the employer, […]