A Capehart Scatchard Blog

Tag: EEOC

Circuit Court of Appeals Rejects EEOC Position that a Long-Term Leave of Absence Can Constitute a Reasonable Accommodation under the ADA

By on October 13, 2017 in Court Rulings with 0 Comments

The EEOC has provided guidance that in its view a fairly long leave of absence should be considered a reasonable accommodation even after FMLA leave has been exhausted.  The Court in Severson v. Heartland Woodcraft, Inc., 33 AD Cases 1113, September 20, 2017 disagreed rather strongly with that view and did not follow EEOC advice. […]

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Federal Court Allows Sheriff’s Deputies to Proceed to Jury Trial On Their Claim that County Ignored Their Requests for Light Duty Assignments While Recovering from Work Injuries

By on September 14, 2017 in Claims with 0 Comments
Federal Court Allows Sheriff’s Deputies to Proceed to Jury Trial On Their Claim that County Ignored Their Requests for Light Duty Assignments While Recovering from Work Injuries

Light duty was the issue in Smith v. DuPage Cnty. Sheriff, 33 AD Cases 789 (N.D. Ill. June 5, 2017).  Four Sheriff’s Deputies suffered work injuries in 2013 and 2014 and received full salary for one year while on leave from their injuries.  After the one-year period, the officers received the statutory amount for temporary […]

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Employee Can Proceed on ADA Claim That He Was Discriminated Against on Account of Severe Obesity

By on January 13, 2017 in Key Defenses with 0 Comments

Mark Richardson worked for the Chicago Transit Authority as a Bus Operator from 1999 to 2012.  He took an extended medical leave from work and attempted to return to his job in September 2010.  The Authority sent plaintiff for a fitness exam, and the doctor cleared Richardson to return to work. He was next required […]

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