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Managing the Modern Workplace
V&E International Labor & Employment Resources

  • 12
  • December
  • 2019

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Obesity & the ADA in Employment Decision-Making

Nobody likes comments about their weight (Heaven help the person who makes one about mine), and most people have learned that weight is a subject best approached with caution. Employers, for their part, would be well-served to exercise some caution as well. Although conversations surrounding obesity may be necessary for employment decisions related to certain positions, including positions often considered “safety-sensitive,” those conversations remain fraught with opportunities for actionable statements.  

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When Poorly Performing Employees Suddenly Get Sick

You finally sit down with an employee who has performed poorly for months, and you give him or her both a detailed performance improvement plan spelling out your expectations and a time frame by which they must demonstrate substantial improvement. The very next morning, the previously healthy employee calls in sick and soon thereafter requests medical leave, supported by a doctor’s excuse, to obtain treatment for work-induced stress and depression.

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  • 26
  • September
  • 2017

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The ADA is Not a Leave Law, But Someone Forgot to Tell the EEOC

Does the ADA require employers to allow unpaid leave for accommodation when such leave doesn’t present undue hardship? This has actually been an open question under the ADA for a while, and the EEOC last year said that unpaid leave might sometimes be a reasonable accommodation; most employers would probably say that unpaid leave is not a reasonable accommodation. After all, an accommodation request can only be reasonable if the employee, “with or without reasonable accommodation, can perform the essential functions of the employment position.”

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Contributors

Thomas H. Wilson

Thomas H. Wilson Partner

Christopher V. Bacon

Christopher V. Bacon Counsel

Sean Becker

Sean Becker Partner

Stephen M. Jacobson

Stephen M. Jacobson Partner

Martin C. Luff

Martin Luff Counsel

Lawrence S. Elbaum Partner