When employees who have had serious health crises return to work, employers often worry that they may not be able to work safely. While that may seem like a valid concern for employee welfare, courts seldom see it that way. In fact, if a returning employee also requested reasonable accommodations, refusing to let him return may amount to retaliation for protected activity.
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The 4th Circuit Court of Appeals has finally settled a key question: Can employers and employees settle FMLA disputes without having to get either court or Department of Labor approval? The court said yes, such cases can be settled between the parties without outside interference. That’s good news.
The EEOC recently issued long-awaited final regulations to the ADA Amendments Act, clarifying many of the confusing provisions contained in the 2009 law. The final regulations further expand the ADAAA’s goal of broadening the definition of “disability” under the ADA. As a result, a greater number of employees will be covered under federal disability law and be eligible to file ADA-related claims.
You’ve heard the expression “the world’s going to the dogs.” Well, that just became truer than ever. The U.S. Department of Justice recently revised the Americans with Disabilities Act (ADA) rules on when service animals are allowed in shops, restaurants and other public-access buildings. And the DOJ has clarified that service animals that provide help for psychiatric impairments are covered under the ADA ...