Posted on March 8, 2018 by Ruder Ware Alumni
Blog
I recently did a blog about obesity as a disability under the Wisconsin Fair Employment Act. I concluded that the condition of obesity did not automatically constitute a disability although courts could find that an employer discriminated against an obese person if it perceived the person to be adversely impacted by the obese condition and […]
Posted on November 17, 2017 by Ruder Ware Alumni
Blog
As the after effect of the recent Seventh Circuit Court of Appeals decision about extended leave as an accommodation continues to develop, a serious question is developing of whether an employer is obligated to give an extended leave to a person with a disability who has exhausted their twelve weeks of federal medical leave. The […]
Posted on October 9, 2017 by Ruder Ware Alumni
Blog
The Seventh Circuit Court of Appeals (which addresses federal court cases brought in Wisconsin) has stated in the past that it does not intend to be a “super human resource department” for employers. Recent court decisions have suggested that the Federal Court may be reconsidering that position. There have been a number of employment law […]
Posted on May 31, 2017 by Ruder Ware Alumni
Blog
A recent decision in the Northern District of California highlighted the importance of employers applying a consistent rule that employees must notify the employer if they are unable to report to work, even if the employee suffers from a disabling condition. In a recent decision, the Federal Court Judge held that a Company properly terminated […]
Posted on February 28, 2017 by Ruder Ware Alumni
Blog
One of the most troubling issues faced by human resource professionals is how to address an employee with a disability that impacts their ability to report for work. A good example is an employee who suffers from episodes of depression that affect the employee’s ability to come to work. It is almost impossible to challenge […]
Posted on November 3, 2016 by Ruder Ware Alumni
Blog
Two recent decisions regarding disability discrimination have outlined an employer’s responsibilities when dealing with a potential claim of disability and need for accommodation. These decisions offer reminders for employers of the importance of recognizing potential disability claims and addressing them promptly. In the first decision, the Eighth Circuit Court of Appeals concluded that an employee […]
Posted on April 14, 2016 by Ruder Ware Alumni
Blog
A recent decision from the 8th Circuit Court of Appeals addressed whether obesity automatically qualifies as a disability under the Americans with Disabilities Act. In a decision filed by an applicant for employment who was ultimately denied employment because of his severe weight and body mass index, the Court of Appeals held that obesity (in […]
Posted on March 21, 2016 by Ruder Ware Alumni
Blog
A recent settlement of a disability discrimination lawsuit against AT&T shows that a discrimination claim can be an expensive proposition. AT&T settled a disability discrimination lawsuit brought by the Equal Employment Opportunity Commission by paying $250,000 to the Commission and re-instating an employee. The EEOC filed suit against AT&T for failing to provide a reasonable […]
Posted on June 9, 2015 by Ruder Ware Alumni
Blog
A recent decision by an appellate court in California held that the inability of an employee to work with a particular supervisor because of anxiety and stress caused by oversight from the supervisor was not a disability under California Disability Discrimination Law. As a result, the company did not discriminate against an employee who was […]
Posted on May 5, 2015 by Ruder Ware Alumni
Blog
As we think about Christmas presents, the EEOC recently announced its initiatives for the next year. One of those initiatives will be a review of wellness programs and the incentives that an employer provides to employees to participate in a wellness program. The EEOC is trying to coordinate the requirements of the Affordable Care Act […]