Protecting Employers Since 1985

Is Obesity A Disability?

By Walter J. Liszka / August 19, 2019

The Seventh Circuit Court of Appeals, in a recent decision (June 12, 2019) in the case of Richardson v. Chicago Transit Authority has joined the Second, Sixth and Eighth Circuit in finding that Obesity, standing alone, is not an impairment under the Americans With Disabilities Act (ADA) absent an underlying psychological cause. This is an…

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Don’t Like Your Boss? How About Demanding a New Supervisor as an Accommodation?

By Alan E. Seneczko / July 22, 2019

In this ever-litigious society of ours, it is comforting to see reason prevail on occasion, and the court’s recent decision in Summers v. Target Corporation, Case No. 18-C-32 (E.D. Wis. 2019) is a good example. In Summers, an employee contended that his supervisor caused him anxiety, stress, palpitations and panic disorders, for which he was…

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Service Animals in the Workplace

By Walter J. Liszka / May 27, 2019

I am fairly certain that a number of readers of this article will have been on airlines or in restaurants where they have observed individuals being allowed to have “service animals” accompany them on their trip or their restaurant excursion. It is not surprising that the issue of service animals in the workplace is now…

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Outsourcing Administration of Employee Leaves of Absence to a Third-Party Vendor Did Not Insulate Dollar General Store from Responsibility to Rehire Returning Service Member under USERRA

By James B. Sherman / August 29, 2018

Administering employee leaves of absence is complicated. For employers of 50 or more employees there obviously are the Family and Medical Leave Act (FMLA) and D.O.L. regulations to deal with. Then there is the EEOC, which has interpreted the Americans with Disabilities Act (ADA) to require leaves of absence, or extending them under certain circumstances…

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EEOC Sues Employer, Providing Reminder that Employers May Need to Provide Accommodations for Pregnant Employees

By James B. Sherman / September 22, 2016

Although pregnancy itself is not a disability under the Americans with Disabilities Act, pregnancy-related conditions that substantially limit an employee’s major life activities, even temporarily, may entitle the employee to accommodations for her condition. If a pregnant employee states that she cannot work, or cannot perform certain job functions, employers should engage in an interactive…

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Courts Bend the “Golden Rule”

By Walter J. Liszka / June 5, 2014

Since I was a child back in the early 1950s, I was taught many things by my parents, including “treat others as you want to be treated” and “do not steal or take other people’s property.” Obviously, the Federal Court System and, specifically, U.S. District Court Judge William H. Orrick, have either never been taught…

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