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• Two Discrimination Cases Address Unique and Common Situations ( August 2006 )
  Matthew C. Lonergan of Boult, Cummings, Conners & Berry, PLC

  In a case before the United States Court of Appeals for the Sixth Circuit, the Sixth Circuit ruled that the Americans with Disabilities Act ("ADA") does not require accommodation of an employee based upon that employee's "association" with the person who has the disability. Overley v. Covenant Transport, Inc., 6th Cir. (April 27, 2006). Plaintiff, Sharon Overley, claimed that the company fired her after she told her supervisor that she could not work on a certain Saturday because of obligations to her daughter and she had not arranged for a substitute at work.

• Sword or Shield? Using Employee Handbooks ( May 2006 )
  Fisher & Phillips LLP

  With the incoming new year just around the corner, many employers will be "rolling out" new or revised policies and employee handbooks. For many reasons, this timing makes sense. For those considering implementing a handbook for the first time, or those who have not revised their existing handbook in several years but realize the need to do so, the following article is for your consideration.

• Family Medical Leave Notice and the Threshold Illness Period ( January 2004 )
  Douglas B. M. Ehlke of Ehlke Law Offices

  Two Federal Appeals courts clarify Family Medical Leave Act (FMLA) rights on two growingly common issues: 1) How restrictive can personnel departments make the hoops for employees to jump through for notification of FMLA-leave claims? 2) Do partial-day absences count toward constituting a "serious health condition" justifying eligibility to claim FMLA-leave benefits?

• Managing Employee Absenteeism ( April 2003 )
  Douglas B. M. Ehlke of Ehlke Law Offices

  When an employee works a standard five-day week, one can assume 260 workdays exist annually. After subtracting 10 days on average for vacation and another 10 days for federal, state and local holidays, an employer could expect 240 workdays a year per employee.

• Preparing for Government Contract OFCCP Audits ( November 1997 )
  Douglas B. M. Ehlke of Ehlke Law Offices

  Is your affirmative action plan (AAP) up to date? How about your supporting documentation? Have you reviewed the latest requirements for interviews, job applications, vendor and supplier nondiscriminatory certifications, applicant flow logs and statistical analysis factors for utilization of minorities?

• Untimely Medical Certification Bars FMLA Claim ( March 2005 )
  Kevin S. Mullen of Thompson, Coe, Cousins & Irons, LLP

  In Urban v. Dolgencorp of Texas, Inc., the Fifth Circuit Court of Appeals struck a blow for employers attempting to manage employees' purported FMLA-protected leaves of absence, holding Dolgencorp was within its rights to terminate Urban when Urban failed to submit a medical certification supporting her request for FMLA leave.

• Leave It Out? Family And Medical Leave Act Claims May No Longer Be Waived By A General Release ( September 2005 )
  Joseph P. Harkins and Gary D. Shapiro of Littler Mendelson, P.C.

  Fourth Circuit allows FMLA claim to proceed despite fact that the plaintiff signed a release at the termination of her employment where she waived her right to sue under Title VII, ADA, ADEA and "any other federal, state or local laws."