Cuiellette v. City of Los Angeles (Case No. B224303, Court of Appeals of California, Second District, Apr. 22, 2011) is a reminder to employers that simply because an employee (in this case, a police officer) has been rated as 100% totally and permanently disabled–for workers’ compensation purposes–the employer is not relieved of its duties
ADA
Fitness for Duty Certification: FMLA
The U.S. Department of Labor, in its Family and Medical Leave Act Advisor, recently clarified what an employer may require of an employee seeking to return to work from an illness. If the employer requires, the employee must provide a medical certification of the employee’s fitness to return to work if the FMLA…
Amendments to Americans with Disabilities Act (ADA)
In a recent newsletter by HR Strategies, Staffing Concepts International, Inc. outlined some of the changes employers can expect with the new amendments to the Americans with Disabilities Act (ADA).
The Americans with Disabilities Act Amendments Act (ADAAA) was signed into law by President Bush on September 25, 2008, and became effective on…
Relationship or Association With An Individual With Disability
In addition to protecting qualified applicants and employees with disabilities from employment discrimination, one ADA provision – the "Association" provision (42 U.S.C. § 12112(b)(4))– protects applicants and employees from discrimination based on their relationship or association with an individual with a disability, whether or not the applicant or employee has a disability.
Protection Against Adverse…
Caregiver Discrimination under Americans with Disabilities Act
A large number of EEO investigations I have done have involved some aspect of disability or a medical leave of absence claims—even if "Disability Discrimination" is not the main claim being made by the employee complainant. EEO investigations are oftentimes complex with many different legal issues, and “disability” may be just one of many allegations. …