Forgiving Misconduct is Not a Reasonable Accommodation

  • Jan 31, 2017
  • ADA
  • Dennis J. Merley

How many times has this happened to you – you fire an employee, only to have them divulge that they have a disability, that the disability caused their poor performance/misconduct and that an accommodation would ...

Driving an Essential Function? Job Description is Key

  • Apr 19, 2016
  • ADA
  • Dennis J. Merley

If an employee drives to meet with clients for most of the average work day, is driving considered an essential function of the job?  Perhaps not, said one federal appeals court. Whitney Stephenson was a ...

Court Weighs in Against Obesity as ADA Disability

  • Apr 12, 2016
  • ADA
  • Dennis J. Merley

The Federal 8th Circuit Court of Appeals refused to recognize obesity as a covered disability under the Americans with Disabilities Act (ADA). They did acknowledge, however, that obesity could be considered a disability if it is caused ...

Court OK’s Medical Exams For Wellness Programs

  • Jan 19, 2016
  • ADA
  • Michael G. McNally

A Wisconsin federal court has now given a clean bill of health to employer-sponsored wellness programs requiring medical examinations as a condition of enrollment in the employer’s health insurance plan. In EEOC v. Flambeau, Inc., ...