As more states legalize medical and recreational marijuana, courts continue to struggle with the issue of how medical marijuana–which is still illegal under federal law–should be treated under federal employment laws, such as the Family and Medical Leave Act (FMLA), Americans with Disabilities Act (ADA).
The plaintiff in Trautman v. Time Warner Cable attempted to argue retaliation under the Family Leave and Medical Act (FMLA) and Americans with Disabilities Act (ADA) after she was terminated for having 22 non-FMLA approved absences in almost four months.
The Tenth Circuit clarified that demonstrating that an employer failed to accommodate a disability, standing alone, is not sufficient to succeed on a claim under the Americans with Disabilities Act.
Hurricane Florence had us thinking – what obligations do employers have when natural disaster strikes? What rights do employees have? Here is a roundup of some important considerations.
Court rules that UPS did not fail to accommodate when a former driver requested restricted work hours and another work position, holding that former driver was not qualified for the requested position because overtime was an essential function of the job.
AD/HD can pose significant challenges for employees in the workplace. Under certain circumstances, an employee’s AD/HD may rise to the level of a disability covered under the ADA (and ADAAA). This post addresses these issues and discusses how best to engage in the interactive process after a request for accommodation due to AD/HD.