03/01/2006
Some ailments obviously rise to the level of "disability" under the ADA. Others are more marginal. To help you make that decision, try to look at life from that employee’s point of view. It’s a common trial tactic used by plaintiffs’ lawyers to help sway juries in ADA cases …
03/01/2006
What happens if an employee tries to return to work after FMLA leave but isn’t quite recovered? In that case, you can turn the employee away if he or she can’t perform the job’s essential functions. That scenario often plays out when the returning employee’s job involves operating machinery or driving and the person must take medication …