|
Announcements
Indefinite Leave Of Absence Is Not A Reasonable Accommodation.
In Wilson v. Dollar General Corp., the U.S. District Court for the W.D. Virginia dismissed a disabled employee's Americans with Disabilities Act (ADA) lawsuit, ruling that the employee's request for an indefinite leave of absence to recover from a debilitating eye condition was unreasonable.
The court found that the employer was not required to wait indefinitely for the employee's medical condition to improve. Rather, the employee was required to establish that his requested accommodation would have allowed him to perform the essential functions of his job within a reasonable time, which he failed to do. The employee offered no indication or assurance that additional leave would enable him to return to work within a reasonable time.
The court's approach is consistent with EEOC guidelines. The EEOC has stated that employers "have no obligation to provide leave of indefinite duration," because "granting indefinite leave, like frequent and unpredictable requests for leave, can impose an undue hardship on an employer's operations." EEOC Fact Sheet "Applying Performance and Conduct Standards to Employees with Disabilities" (2008) at Question 21. However, the EEOC has also stated that if an employee cannot "provide a fixed date of return," the employer can deny such leave only if it can show undue hardship because of this uncertainty, such as disruption to the operations of the employer. EEOC Enforcement Guidance on Reasonable Accommodation and Undue Hardship, No. 915.002 (10/17/02) at Question 44.
3/21/2012
Applicant/Employee Does Not Have ADA Protection If He Is Unable To Work Overtime Because Of An Impairment.
In a case originating from Virginia, the U.S. Fourth Circuit recently joined other circuits and confirmed that an inability to work overtime does not constitute a substantial limitation on a major life activity under the ADA, and thus could not pose a substantial limitation on the employee's ability to work. In short, an employee is not "disabled" for purposes of the ADA's protections against discriminatory treatment if the applicant/employee can handle a forty hour work week but is incapable of performing overtime because of a physical impairment.
Useful tip: An employer does not need to accommodate an applicant's or employee's inability to perform overtime work because of an impairment if the employee, who could handle a 40 hour work week, cannot perform overtime work required by the job.
2/27/2012
|
