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BT Currents - Hot Topics in Employment Law
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31 Oct 2017 Attention, Class: Seventh Circuit Finds Preferred Teaching Methods Not Protected Activity Under ADA and Section 504

  A former special education teacher, who claimed to have engaged in a protected activity when she defended her teaching methods following a negative performance evaluation, could not show that the school district discriminated against her when it terminated her. Finding no evidence of discrimination, the U.S. Court of Appeals for the Seventh Circuit affirmed the district court’s grant of summary judgment in favor of the school in Frakes v. Peoria School District No. 150.   After receiving an “unsatisfactory” rating based on several deficiencies,…

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26 Sep 2017 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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20 Sep 2017 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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