In a recent pre-ADAA case, the Fifth Circuit Court of Appeals held that a former UPS employee’s limitations caused by Type II diabetes were not disabling and that UPS did not fail to provide reasonable accommodation to a known disability. Despite the fact that this case was based on pre-ADAA law, there are still some useful
Fortune Cookie Says, “Little Blogging Activity During Ranger’s World Series Bid”
Some of you may have noticed that my regular blogging activity has been less-regular. With the Texas Rangers winning the American League Championship to advance to the World Series and a number of key depositions I’ve been preparing for and taking, time dedicated to the blog is in short supply. I hope to return to
A Most Ridiculous Employment Regulation
@RussellCawyer FMLA “Family and Medical Leave Act”
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Texas Supreme Court Agrees to Hear Age Discrimination Case
Last week the Supreme Court of Texas granted a Petition for Review to hear the case of Mission Independent School District v. Garcia. While the petition for review has three issues (issue four was not challenged by the respondent), only one is relevant to private employers. The school district argues for a bright line rule that
NLRB Postpone Implementation Date for Notice of Rights Poster
I suggested that employers should wait until November 14, 2011 (the implementation deadline) to post the new regulatory-requirement posting on employees’ NLRB rights because of several lawsuits seeking to enjoin the requirement.
The Board has now postponed the initial posting deadline until January 31, 2012 "to allow for further education and outreach." I’m not sure
Applicants with Trouble Going “Tinkle” May Be Entitled to Take Other Forms of Drug Tests as Reasonable Accommodation
@RussellCawyer “Shy Bladder Syndrome” ADA “Reasonable Accommodation” EEOC
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FMLA Doesn’t Always Require Reinstatement to an Equivalent Position
While the FMLA normally requires an eligible employee be reinstated to an equivalent position at the end of his FMLA leave, the employee has no greater right to reinstatement than if the employee had been continually employed. Thus, there are several situations where an employee is not entitled to reinstatement.
First, where an employer conducts a layoff or reduction