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5 Critical Steps To Take Before Bringing An Employment Case

Thinking about filing a lawsuit against your current or former employer? This article lays out some crucial steps to take before your bring the action. Remember: make sure you put everything in writing. Even if you have a conversation, follow it up with an email to the person summarizing the contents of the conversation. Eliminate […]

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Employer Requiring No Restrictions Or To Be “100% Healed” Before Returning To Work?

Is your employer requiring you to be 100% or requiring your doctor to release you back to work with no restrictions? This article deals with the potential legal violations associated with such requirements. For example, the Americans with Disabilities Act only requires you to be qualified. Qualified is defined as able to perform the essential

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Is Your Leave Going To Exceed The 12 Weeks Provided By Fmla? You Could Still Be Protected Under The Ada.

It is common scenario where an employee’s leave of absence for a serious medical condition exceeds the 12 weeks provided for by the Family Medical Leave Act. So what can an employee do in this situation? An employee can request an extended leave of absence as a reasonable accommodation under the Americans with Disabilities Act

Is Your Leave Going To Exceed The 12 Weeks Provided By Fmla? You Could Still Be Protected Under The Ada. Read More »

Can Weight Or Obesity Be A Protected Class Or A Disability? Sometimes, Under The Ada.

Discriminating against or terminating an employee because he or she is overweight is generally not unlawful. Weight is not a protected class under Title VII, however, weight can be a characteristic of a medical condition. Thus, in certain situations taking an adverse job action against an employee based on his or weight (too heavy or

Can Weight Or Obesity Be A Protected Class Or A Disability? Sometimes, Under The Ada. Read More »

What Medical Exams And Inquiries Can An Employer Make Of An Employee Under The Ada?

Title I of the Americans with Disabilities Act (the “ADA”) restricts an employer’s ability to make disability-related inquiries or require medical examinations. The laws and rules depend on the stage of the relationship: pre-offer, post-offer but pre-employment, and during employment. This post relates to medical inquiries and examinations of an employee during employment. Certainly, no one

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