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BT Currents - Hot Topics in Employment Law

26 Sep Seventh Circuit Declares ‘The ADA is an Antidiscrimination Statute, Not a Medical Leave Entitlement’

  On September 20, the U.S. Court of Appeals for the Seventh Circuit clarified a question that many employers struggle with: Is an employee entitled to additional long-term leave under the Americans with Disabilities Act (ADA) after Family and Medical Leave Act (FMLA) leave expires? According to the Seventh Circuit, that answer is no when the leave requested spans multiple months.   In Severson v. Heartland Woodcraft, Inc., Raymond Severson took a 12-week medical leave under the FMLA to deal with serious back pain. On…

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22 Sep Teacher’s ADA, Age Discrimination Claim Given New Life by Sixth Circuit

  A school district’s decision to eliminate a teacher’s position while the teacher was out on Family Medical and Leave Act (FMLA) leave may have been pretext to disability discrimination, according to the U.S. Court of Appeals for the Sixth Circuit.   While on approved FMLA leave, a high school economics teacher was notified by the school’s principal that the economics position would be one of several eliminated due to budget cuts. All teachers in the eliminated positions received notices that their contracts would be…

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20 Sep Pregnancy Discrimination Act Requires Employers to Accommodate Breastfeeding Employees

  The U.S. Court of Appeals for the Eleventh Circuit recently affirmed a district court decision in favor of a police officer who argued that her employer failed to accommodate her so she could breastfeed.   In Hicks v. City of Tuscaloosa, officer Hicks requested an alternative duty upon her return from maternity leave. Normally, she was required to wear a bulletproof vest, but her doctor said that wearing the vest could cause infection and prevent her from breastfeeding. Hicks requested a duty that would…

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31 Aug Lessons Learned: As Flu Shot Season Approaches, Inflexible Rules Can Cause Accommodation Headaches

  It’s the end of summer. Our children are returning to school, the evenings are turning a bit cool and hospitals are educating their workforces on mandatory flu vaccination programs.   Each year at about this time, we look to recent court decisions for guidance on how best to balance a hospital’s interest in protecting its patients (among other things) with a healthcare worker’s sincerely held religious belief that conflicts with the hospital’s requirement that its employees  get the flu vaccine.   Last summer, I…

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22 May College Not Required to Alter Academic Program for Reasonable Accommodation

  After his requests for additional accommodations were denied, a student at the Lamar Institute of Technology (LIT) who had medical issues related to a brain injury withdrew from the institution and filed suit. After a recent loss in the U.S. Court of Appeals for the Fifth Circuit, the student has petitioned the U.S. Supreme Court for consideration.   The student suffered from an anoxic brain injury that caused him to have memory problems. Similar to the accommodation analysis in an employment setting, the college…

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