How long is too long, when an employee requests leave for medical reasons? Employers have received welcome guidance from the Seventh Circuit U.S. Court of Appeals on this question. In Severson v. Heartland Woodcraft, Inc., No. 15-3754 (7th Cir. Sept. 20, 2017), the Seventh Circuit held that a request for a two to three month leave of absence is not a reasonable accommodation under the Americans with Disabilities Act (ADA). This is as close to a bright-line rule as could be hoped for in this all too murky area of ADA law.
The U.S. Equal Employment Opportunity (EEOC) this week issued a publication addressing the rights of employees and applicants with mental health conditions under the Americans with Disabilities Act (ADA). The publication, entitled “Depression, PTSD, & Other Mental Health Conditions in the Workplace: Your Legal Rights,” can be found here. Continue Reading EEOC Giving More Thought to Mental Health Conditions
On July 14, 2014, the Equal Employment Opportunity Commission (EEOC) issued a detailed Enforcement Guidance on pregnancy discrimination and related issues (the Guidance). The Guidance addresses an employer’s obligations relating to pregnancy and pregnancy-related conditions under the Pregnancy Discrimination Act (PDA), which amended Title VII, the Americans with Disabilities Act (ADA) and other laws. The text of the Guidance is available here. Portions of the Guidance are summarized below. Continue Reading EEOC Issues Sweeping Enforcement Guidance on Pregnancy Discrimination