The Ever Present Threat of a Disability Discrimination Lawsuit

By John Mavros Attorney at Law, Partner, Fisher & Phillips, LLP | September 24, 2017

Given the increasing number of disability discrimination lawsuits, it is imperative that employers know and understand an employee's rights to leave and reasonable accommodation when injured or disabled. A workers compensation injury is not only covered by rules in the workers compensation system, but is typically also governed by requirements, obligations, and limitations under other important statutes.

There are three distinct areas of law that have very different purposes. Under the Family Medical Leave Act, an employee is afforded 12 weeks of job protected leave for a "serious health condition." The Americans with Disabilities Act prohibits disability discrimination requiring an employer to reasonably accommodate a "disability." In addition, an employer is obligated to maintain workers compensation insurance to compensate employees for work related injuries. Of course, an employer must not give any impression that they are retaliating against an employee for exercising any of the above rights. Know the Rules:

1. Family Medical Leave Act ("FMLA")

The FMLA is concerned with providing a minimum level of unpaid,job-protected leave to eligible employees. It protects those employees from adverse treatment because of the need for leave. The FMLA is largely known for permitting an employee to take leave for the birth or adoption of, and in order to care for, a child. However, the FMLA also permits leave for the employee's own "serious health condition."

An employee is eligible for leave under the FMLA if he or she has worked for the employer for at least 12 months, has worked for the employer at least 1,250 hours during the 12 consecutive preceding months, and works at a work-site where there are at least 50 employees within a 75-mile radius. The FMLA provides up to 12 weeks of unpaid leave when the leave is due to an employee's health condition.

The FMLA also requires a covered employer to grant an employee intermittent leave or a reduced work schedule when such leave is "medically necessary" for the employee's own serious health condition. In this situation, the employer can temporarily switch the employee to an alternative position, butonly if the employer can clearly demonstrate that recurring temporary leaves are not feasible. The employer cannot reduce the employee's pay or benefits under the FMLA. When an employee returns from FMLA leave, he or she must be reinstated to the same or an "equivalent position" with equivalent benefits.

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Coming up in June 2019...

Sales & Marketing: Selling Experiences

There are innumerable strategies that Hotel Sales and Marketing Directors employ to find, engage and entice guests to their property, and those strategies are constantly evolving. A breakthrough technology, pioneering platform, or even a simple algorithm update can cause new trends to emerge and upend the best laid plans. Sales and marketing departments must remain agile so they can adapt to the ever changing digital landscape. As an example, the popularity of virtual reality is on the rise, as 360 interactive technologies become more mainstream. Chatbots and artificial intelligence are also poised to become the next big things, as they take guest personalization to a whole new level. But one sales and marketing trend that is currently resulting in major benefits for hotels is experiential marketing - the effort to deliver an experience to potential guests. Mainly this is accomplished through the creative use of video and images, and by utilizing what has become known as User Generated Content. By sharing actual personal content (videos and pictures) from satisfied guests who have experienced the delights of a property, prospective guests can more easily imagine themselves having the same experience. Similarly, Hotel Generated Content is equally important. Hotels are more than beds and effective video presentations can tell a compelling story - a story about what makes the hotel appealing and unique. A video walk-through of rooms is essential, as are video tours in different areas of a hotel. The goal is to highlight what makes the property exceptional, but also to show real people having real fun - an experience that prospective guests can have too. The June Hotel Business Review will report on some of these issues and strategies, and examine how some sales and marketing professionals are integrating them into their operations.