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Ogletree, Deakins, Nash, Smoak & Stewart, P.C. Pittsburgh, PA Document Search Results (8) Sort by:  | Taking FMLA Leave Does Not Affect Employee’s Obligations Under Non-FMLA Attendance Policies
Maria Greco Danaher; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article May 23, 2012, previously published on May 21, 2012 Employment termination during an employee’s leave under the Family and Medical Leave Act (FMLA) may constitute “interference” with that leave. However, an employer typically does not violate the FMLA if it terminates an employee for failing to comply with the company’s...
| | Company's "100% Healed" Policy Does Not Create per se Disability Discrimination.
Maria Greco Danaher; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article January 25, 2012, previously published on January 16, 2012 In a case that adds to a split among federal appellate courts, the 7th U.S. Circuit Court of Appeals has held that a company’s insistence on an employee being “100% healed” after a medical leave does not necessarily support the employee’s legal claim under the Americans with...
| | OFCCP’s Proposed Revisions to Regs Require Increased Obligations and Affirmative Action Regarding Disabled Individuals
Maria Greco Danaher; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article December 21, 2011, previously published on December 19, 2011 Section 503 of the Rehabilitation act of 1973, as amended (“Section 503”), prohibits employment discrimination by federal government contractor and subcontractor employers against individuals with disabilities. It also includes affirmative action provisions that relate to both hiring...
| | High School Diploma as Pre-Requisite to Employment May Violate the ADA
Maria Greco Danaher; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article December 8, 2011, previously published on December 6, 2011 On December 2, 2011, the EEOC posted an “informal discussion letter” on its website. The letter was in response to an issue involving individuals who are unable to earn a high school diploma because of certain learning disabilities and who therefore are ineligible for jobs that require...
| | Use of “English-Only” Policies is Subject of Disagreement Between Governmental Agencies
Maria Greco Danaher; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article November 23, 2011, previously published on November 21, 2011 The U.S. Commission on Civil Rights (USCCR) has posted a report which recommends that the Equal Employment Opportunity Commission (EEOC) modify its position that the use of “English-only” policies is a presumptive violation of Title VII of the Civil Rights Act. See EEOC’s...
| | Alleged Comments by HR Director Sufficient to Defeat Company’s Motion for Summary Judgment
Maria Greco Danaher; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article November 23, 2011, previously published on November 21, 2011 Remarks by a law firm’s human resources director could be “direct evidence” of pregnancy discrimination and violation of the FMLA, according to the 7th U.S. District Court of Appeals. According to the court, such evidence falls outside of the “hearsay” objection that...
| | Supervisor’s Ill-Considered E-Mail Forms the Basis of an FMLA Lawsuit
Maria Greco Danaher; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article November 2, 2011, previously published on October 31, 2011 The Family and Medical Leave Act (FMLA) prohibits employers from interfering with an employee’s right to take leave for which that employee is eligible under the Act, and from retaliating against individuals who claim benefits under the statute. Recently, the 7th U.S. Circuit Court of Appeals...
| | Inconsistent Treatment of Older Worker May Lead to Legal Liability
Maria Greco Danaher; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article October 27, 2011, previously published on October 3, 2011 On September 26, 2011, the 9th U.S. Circuit Court of Appeals overturned summary judgment allowing a 59 year old employee’s claim of age discrimination to go to a jury, based largely on evidence that younger employees - even those over 40 years old - had been disciplined differently than she...
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