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Tag Archives: disability

Did You Know…Depression Does Not Automatically Qualify An Employee For FMLA Leave

Posted in Court Decisions, Disability Discrimination, Discrimination, Leave Laws

In recent years, employers have been bombarded by increasing numbers of lawsuits by employees with mental disabilities alleging discrimination and retaliation.  These lawsuits are based on a variety of theories including alleging being denied federal and/or state protected medical leave.  In a small blow to this growing trend, however, the Eleventh Circuit recently vacated a… Continue Reading

Did You Know…Employees Must Preserve Documents When a Litigation Hold is in Effect

Posted in Litigation Holds

In Moore v. Gilead Sciences, Inc. [PDF], the Northern District of California sanctioned a former employee/whistleblower for destroying more than 10,000 documents on his company-issued laptop.  The employee had “wiped” his hard drive several times—both before filing a complaint against his former employer and then again once after the company issued a litigation hold notice. … Continue Reading

Did You Know…Employers Should Limit Health-Related Inquiries to Employee’s Ability to Perform the Job

Posted in Disability Discrimination

In EEOC v. Dillard’s Inc. [PDF], a federal district court in California ruled that a retail chain’s attendance policy, which required employees to provide a doctor’s note identifying the nature of a health-related absence for such absences to be excused, violated the Americans with Disabilities Act (ADA). The ADA provision at issue prohibits covered employers… Continue Reading