So, I know there are a lot of jokes about retired folks becoming a Wal-Mart greeter, even though I’m sure Wal-Mart would say that their greeters can be any age. But this joke has actually taken on legal significance – the term, “Wal-Mart door greeter” now apparently equates with calling someone “old.” At least it
September 2014
“Funny Walk” Is a Disability? That’s Just Screwy.
By Fiona W. Ong on
I know that the amendments to the Americans with Disabilities Act (ADAAA) were intended to expand coverage of the Act, but sometimes I think the extent of the expansion is just ridiculous. This was highlighted for me in a recent case, EEOC v. Staffmark Investment LLC, in which the court found that an employee…
“Maxiflex” Schedule May Be Reasonable Accommodation
By Fiona W. Ong on
Posted in Laws & Regulations, Reasonable Accommodation
This case caught my eye because I’ve never seen the term “maxiflex schedule” before. It sounds so…well, extensive and overwhelming. I’m sure that’s what the employer in Solomon v. Vilsack thought when it denied the employee’s requested accommodation for this type of schedule, which involves substantial flexibility in working hours. The trial court stated that…
Don’t Just Drop Those FMLA Notices in the Mailbox!
By Fiona W. Ong on
As (most) FMLA-covered employers know, once an employee requests Family and Medical Leave Act Leave, there are certain notices that are required. You have to provide the employee with an Eligibility Notice and a Rights and Responsibilities Notice within five business days of the request for leave, and once the employee has submitted enough information…