The ADAAA Strikes Again: Fourth Circuit Finds that Employee's Simple, Temporary Knee Injury was w Disability

In a first-of-its-kind decision at the federal appellate level, the Fourth Circuit last week decided whether a temporary, non-recurring impairment can be a disability under the ADA as amended by the 2008 ADA Amendments Act (ADAAA). Unsurprisingly, the court found that it could. More ›

Seventh Circuit: Employer had Knowledge of Employee's Narcolepsy at time of Termination

In a decision issued last week, the Seventh Circuit Court of Appeals once again drove home the point that an employer who ignores or takes action in spite of an employee’s apparent disability does so at its own peril. The case, Spurling v. C&M Fine Pack, Inc., No. 13-1708 (Jan. 13, 2014), involved an employee who – unbeknownst to her or the employer – suffered from narcolepsy. More ›

Court Holds that Job-Related Evaluation Consistent with Business Necessity does not Violate ADA

In a case where the defendant construction company was represented by Hinshaw & Culbertson LLP, the U.S. District Court for the Northern District of Illinois recently ruled that the employer company did not violate the Americans with Disabilities Act (ADA) when it rescinded a conditional job offer to an employee who failed its job-related evaluation. The Court based its decision on the ADA regulations, which provide that an employer can defend against a discrimination claim by showing that standards, tests, or selection criteria that screen out or tend to screen out or otherwise deny a job or benefit to an individual with a disability are job-related and consistent with business necessity. In the alternative, the ADA permits an employer to conduct post-offer examinations as long as it does so for all individuals entering the same job category.

In this case, the company implemented a policy requiring that all persons applying for field positions in Illinois successfully complete a functional capacity employment test. In June 2010, the company extended a conditional offer of employment to the plaintiff carpenter whom it previously laid off for economic reasons. The offer, however, was contingent upon successful completion of the evaluation, which ultimately revealed that the carpenter was unable to meet the company's minimum lifting requirements. The company then rescinded his conditional offer because the carpenter could not perform the essential functions of the job.

The Court ruled that the post-job offer exception to the ADA's medical test prohibition applied. Even if the evaluation was not required for each employee, it properly analyzed tasks that were representative of those performed by the carpenters and contributed to the company's efforts to maintain a safe workplace.

This decision serves as a reminder to employers that post-offer examinations must be applied to all individuals entering the same position or must be job-related and consistent with business necessity. If you would like more information read Chi. Reg'l Council of Carpenters v. Berglund Constr. Co., No. 12 C 3604 (N.D. Ill. Dec. 19, 2013).

Federal Court: Teacher’s Anxiety About Losing her job was an ADA Disability

Could an employee’s anxiety over the possibility of being fired be a disability under federal law?  Yes it can, according to one federal court in South Dakota. More ›

ADA Accommodations need not be job Related

An assistant attorney general for the Louisiana Department of Justice suffered from osteoarthritis of the knee, and requested that her employer provide her with a free on-site parking space as an accommodation. The employer refused, and the employee filed a claim under the Americans with Disabilities Act, claiming that the employer failed to provide her with a reasonable accommodation. The district court granted summary judgment to the employer, holding that the employee failed to explain how the parking space related to her ability to perform the essential functions of her job. The U.S. Court of Appeals for the Fifth Circuit reversed, holding that there need not be a nexus between a requested accommodation and the essential functions of the requesting employee's job. In reaching this holding, the court focused on the language of the statute, as well as implementing regulations, and found no requirement that an accommodation be specifically linked to an employee's essential job duties. This case provides an important clarification of the accommodation process, and employers should be careful to fully evaluate all accommodation requests, even where there is no direct nexus between the requested accommodation and the requesting employee's job duties.

For more information read Feist v. Louisiana, No. 12-31065 (5th Cir. Sep. 16, 2013).

Employers Eyeing First GINA Cases for Further Guidance

The Genetic Information Nondiscrimination Act of 2008 (GINA) makes it illegal to discriminate against employees or applicants based on genetic information. Title II of GINA prohibits the use of genetic information in making employment decision, restricts employers and other entities from requesting, requiring, or purchasing genetic information, and strictly limits the disclosure of genetic information. Over the course of the past few years, the EEOC has filed two cases against employers, alleging violation of this particular Act.  More ›

Employer’s Required Fitness-For-Duty Exam did not Violate ADA

The employee worked as a customer service representative at a call center for the employer. He was responsible for monitoring the performance of frontline call center associates and regularly worked from home.   More ›

Employee’s Need for time off for Medical Reasons does not Protect her from Termination

The Seventh Circuit Court of appeals recently affirmed summary judgment for the employer on an employee's ADA and FMLA claims. In this case, the employee was terminated after she was absent many times due to symptoms (and the ultimate diagnosis) of multiple sclerosis. She was unable to adhere to the company's attendance guidelines, was not eligible for leave, and could not perform the essential functions of her job (e.g., attendance) even with reasonable accommodation.  More ›

Court Finds Epileptic Employee not "Qualified Individual" Under ADA or Missouri Law

A mammography technician with epilepsy had suffered numerous seizures at work. The technician suffered epileptic seizures unpredictably, and they caused her to lose orientation and muscle control, which led to falls and injuries. The risk of injury to the technician and patients was too great, and the employer placed her on paid administrative leave. The employer thereafter made various other accommodations in order to eliminate environmental triggers to her seizures. Though she returned to work, the seizures continued. Her continued seizures and failure to find a accommodation led to the employer placing the technician on unpaid administrative leave. Once she began taking medicine to help control her seizures, the employer offered to reinstate her, but she refused.  More ›

Third Circuit Upholds Termination of Employee for Dishonesty About Drug Addiction on a Post-Offer Medical Questionnaire

A hospital-employer hired the employee as a security guard. On his post-offer medical questionnaire, the employee affirmatively stated that he had never suffered from drug or alcohol addiction in the past nor participated in a drug and alcohol treatment program. More ›