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Showing 17–18 of 18 results
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Why written job descriptions are so important
September / October 2013
Newsletter: Employment Law Briefing
Price: $225.00, Subscriber Price: $157.50
Word count: 808
Abstract: An employee with an eye injury was told he had to obtain medical clearance to continue in his current position or else find a different type of job within the company. When he did neither and was terminated, he sued, claiming he had not been offered a reasonable accommodation according to the terms of the Americans with Disabilities Act. To receive protection under the act, he needed to establish that he was qualified to perform the essential functions of his job. This article notes five primary points the appeals court considered — including the written description for the plaintiff’s job — in determining whether the job duty in question was indeed an essential function. Knutson v. Schwan’s Home Service, Inc., No. 12-2240, April 3, 2013 (8th Cir.)
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Husband alleges retaliation after wife settles FMLA suit
January / February 2009
Newsletter: Employment Law Briefing
Price: $225.00, Subscriber Price: $157.50
Word count: 808
Abstract: The question before the Fifth Circuit was whether the husband of an employee who had settled a lawsuit against their mutual employer could sue for retaliation after he was denied several promotions. The court upheld dismissal of his suit on grounds that protections provided by the Family and Medical Leave Act didn’t apply because he hadn’t alleged that he ever provided any information connected to his wife’s suit or alleged that he was discriminated against as a result of testimony he gave or was about to give. Elsensohn v. St. Tammany Parish Sheriff’s Office, 530 F.3d 368 (5th Cir. 2008)