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Tag Archives: functions

Second Appellate District Holds that Employers do not Fulfill FEHA Obligations by Providing the Statutory Four-Month PDL Leave to Employees with Pregnancy-Related Disabilities

Posted in FMLA and Other Leaves of Absence

By:  James L. Brannen In Sanchez v. Swissport, Inc. (2013) 2013 Cal. App. Lexis 131, the Second Appellate District of California, for the first time, has addressed whether an employer who provides the full amount of leave allotted by the California Family Rights Act (CFRA) and Pregnancy Disability Leave (PDL) to a pregnant employee with… Continue Reading

The Fourth Circuit Court Says Pregnant Employee Not Entitled to Accommodation

Posted in Disability Discrimination, Discrimination, FMLA and Other Leaves of Absence, Labor Law

By:    Duyen T. Nguyen In Young v. UPS, 2013 U.S. App. Lexis 530, a UPS worker sued her employer for sex and race discrimination under Title VII and for disability discrimination under the ADA on the basis of her pregnancy. On January 9, 2013, the Fourth Circuit Appellate Court issued a decision affirming the district court’s… Continue Reading

Is Leave Required As An Accommodation If It Is Unclear If The Employee Will Be Able To Perform The Job In The Near Future?

Posted in Disability Discrimination, Discrimination, FMLA and Other Leaves of Absence, Retaliation and Wrongful Termination

By:       Lizbeth V. West, Esq. Robert v. Board of County Commissioners of Brown County, Kansas, et. al. (10th Cir. Aug. 29, 2012) No. 11-3902 The job description for Robert’s job as a supervisor of felony offenders included 18 “essential functions.”   Some of those included functions like performing drug screenings, ensuring compliance with court orders, testifying… Continue Reading

Is It Discrimination To Require A High School Diploma?

Posted in Disability Discrimination, Discrimination

By:       Scott M. Plamondon The Equal Employment Opportunity Commission (“EEOC”) thinks so. The EEOC recently posted a letter to its website stating that it may be unlawful for employers to require a job applicant to have obtained a high school diploma if the applicant suffers from a learning disability and has been unable to obtain one. The… Continue Reading