Employment & Labor Insider

Employment & Labor Insider

Legalese is not spoken here

Tag Archives: “Tenth Circuit”

Extended medical leave not a “reasonable” accommodation under ADA, court says

Posted in Americans with Disabilities Act, Discrimination, Family and Medical Leave Act, HR
This week, a three-judge panel of the U.S. Court of Appeals for the Seventh Circuit held that a “multimonth leave of absence is beyond the scope of a reasonable accommodation” under the Americans with Disabilities Act. In doing so, the court rejected longstanding guidance from the Equal Employment Opportunity Commission that a long-term medical leave is… Continue Reading

“The freezing trucker” and Gorsuch’s heart of ice: A micro-fiction

Posted in Politics, Transportation Industry
It was a bleak and frigid night on I-88 somewhere in northern Illinois. The icy wind whipped across the flatlands, grazing the endless rows of white, brittle remains of last year’s corn crop. The only place to be that night was in your house, wrapped in your Snuggie, with a warm glass of brandy, watching videos of past vacations at Daytona… Continue Reading

Will SCOTUS review same-sex marriage now?

Posted in Same-sex marriage
You may recall that in early October the U.S. Supreme Court declined to review decisions from U.S. Courts of Appeals for the Fourth, Seventh, and Tenth circuits* that struck down same-sex marriage bans. At that time, every federal appellate court facing the issue — in addition to these three, the Ninth Circuit — had found… Continue Reading

An employer should never ask about disability or religion. Except when it should.

Posted in Americans with Disabilities Act, Discrimination
Everybody knows that an employer should never, ever, ever ask an applicant about religion or disability until after a conditional offer of employment has been made. And maybe not even then. Right? Right? Well, mostly right. But, as a couple of EEOC lawsuits show, there may be times when you have to make an exception… Continue Reading