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Category Archives: Disability

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District Court Finds That an Employee May Be Lawfully Terminated for Misconduct Caused by a Disability

Posted in Disability, Discrimination, Labor, Trade Secrets

On March 4, 2013, the United States District Court for the Southern District of Florida, in the matter of Foley v. Morgan Stanley Smith Barney, LLC, Case No. 0:11-cv-62476-WILLIAMS, entered summary judgment in favor of employer Morgan Stanley, and against one of its former financial advisors, Ryan Foley, and held that an employee may lawfully be terminated for misconduct, even… Continue Reading

Accommodation

Posted in Disability, Discrimination

The Seventh Circuit recently examined whether an employee could assert disability discrimination based on a failure to accommodate where a non-disabled employee requested an accommodation to care for her disabled child.  Magnus v. St. Mark United Methodist Church, No. 11-3767 (7th Cir. August 8, 2012).  In the case, the employee sought an accommodation to take… Continue Reading

ADA – Accommodation – Disabilities

Posted in Disability

With the enactment of the ADA Amendments Act, there has been much attention focused on the expanded definition of a disability in which many, if not most, medical conditions qualify as a disability under the Act. However, perhaps overlooked, is that an employee who is disabled must still be qualified to perform the essential functions… Continue Reading

GT Alert — Disabilities in the Workplace – Regulations to Implement the Equal Employment Provisions of the Americans With Disabilities Act Amendments Act

Posted in Disability

The Americans with Disabilities Act (ADA) was enacted in 1990 to prevent employment discrimination on the basis of an employee’s disability. While the definition of disability has not changed with the enactment of the ADA Amendments Act of 2008 (ADAAA) and the final regulations promulgated thereunder, the scope of the definition has been expanded with specific… Continue Reading

Workplace Safety Trumps Threats by Disabled Employee

Posted in Disability

Normal 0 false false false MicrosoftInternetExplorer4 From Marc B. Koenigsberg of GT Sacramento. Thanks and welcome to Marc!  Last month, the California Court of Appeal ventured into the uncharted area of state law regarding how an employer may address disability-caused misconduct involving threats or violence against coworkers. In Wills v. Superior Court of Orange County… Continue Reading

Leaves of Absence and the ADA

Posted in Disability, FMLA

One of the most vexing areas in employment is the interaction of the Americans with Disabilities Act and the Family and Medical Leave Act for individuals on a leave of absence because of a disability. If an employee has a disability and needs to take a leave of absence, the employer may provide qualified employees with… Continue Reading