When There is No Actual Disability: Reasonable Accommodation Splits Circuits
William D. Deveney
The federal courts are increasingly split on the issue of whether the Americans With Disabilities Act (ADA) requires an employer to reasonably accommodate a perceived disability, even if there is no actual disability. The Eighth and Ninth Circuits have held that an employee who is merely "regarded as" disabled by an employer is not entitled to such an accommodation under the ADA, and the Fifth and Sixth Circuits appear to have reached similar conclusions. The Tenth and Eleventh Circuits, however, recently joined the First and Third Circuits in holding that employers must reasonably accommodate both actual and regarded-as disabilities.
[READ MORE]
|
[BACK TO TOP]
|
For Employers, Love is a Battlefield
Kelly M. Hundley & Katherine D. Kale
When it comes to romance, the workplace can be a battlefield for the employer. Until recently, however, employers generally did not need to fear claims from employees disadvantaged by a manager in favor of his or her workplace paramour. Most courts, federal and state, had interpreted the discrimination laws as not permitting these kinds of claims. Thus, employers could direct their liability-limiting efforts towards those involved in the office romance. The California Supreme Court, however, has recently given pause for concern on this front of the battle over workplace romances.
[READ MORE]
|
[BACK TO TOP]
|
Taking a Closer Look at Waivers
Nancy F. Reynolds
The federal courts may be examining more closely the issue of whether employers are providing sufficient information to support a waiver under the Age Discrimination in Employment Act (ADEA) and the Older Workers Benefits Protection Act (OWBPA). An example of this trend is the Tenth Circuit Court of Appeals' recent opinion in Kruchowski v. Weyerhaeuser Co., invalidating a waiver of claims under the federal Age Discrimination in Employment Act (ADEA) signed by a class of laid-off employees.
[READ MORE]
|
[BACK TO TOP]
|
Beating Unemployment Claims in Georgia Has Gotten Tougher
Douglas H. Duerr & Preston B. Davis
The Georgia unemployment compensation law was amended this year to make it more difficult for an employer to defeat a claim for unemployment compensation filed by a former employee who was terminated for attendance problems. The new law provides that a terminated employee may not be denied unemployment compensation benefits for absences "caused by illness of the claimant or a family member," unless: (1) the claimant has without justification failed to notify the employer, or (2) the absences violate an attendance policy about which the employee had been advised in writing, prior to any absences, which specifically states that unemployment benefits may be denied due to such violations. O.C.G.A. § 34-8-194 (2)(B)(iii). Nothing about this law waives an employee’s rights under the federal Family and Medical Leave Act.
[READ MORE]
|
[BACK TO TOP]
|
Firm News: Elarbee Thompson Welcomes New Associates
The firm is pleased to welcome the following new associates:
Lisa Bauer, Emory University School of Law, 2005
Justin Connell, Mercer University School of Law, 2005
Brendalyn Lumpkins, The University of Alabama School of Law, 1997
|
[BACK TO TOP]
|
Firm News: Managing Partner Stan Wilson Named One of Georgia Trend Magazine's Legal Elite
Stanford G. Wilson, managing partner of Elarbee Thompson, has been selected by his peers as one of Georgia Trend Magazine's "Legal Elite" list for 2005.The business magazine polled thousands of Georgia attorneys for nominations of professionals in a variety of recognized practice areas for the third annual edition of the list. Stan was selected in the area of labor and employment law and is featured in the magazine's December issue.
|
|
