Bass Berry & Sims Labor Talk

Tag Archives: ADA

Requiring Employee to Seek Counseling May Violate ADA

Posted in Uncategorized

The Americans with Disabilities Act (ADA) prohibits a covered employer from requiring an employee to undergo a “medical examination,” unless the examination is shown to be job-related and consistent with business necessity. The Sixth Circuit Court of Appeals recently held that an employer’s demand that an employee seek psychological counseling as a condition of continued… Continue Reading

Termination Notice Referring to Disability Considered Direct Evidence of Discrimination

Posted in Discrimination and Harassment Law and Practice, Leaves of Absence/FMLA Law and Practice

A Tennessee federal judge recently ruled that a termination notice referring to an employee’s “long-term disability” was direct evidence of discrimination and retaliation.  The Court granted the employee judgment as a matter of law under the ADA. The employee, Coffman, had been off work on an extended medical leave.  She had exhausted her FMLA leave… Continue Reading

Court Rules That Two-Year Period After Demotion Not Fatal to Constructive Discharge Claim

Posted in Discrimination and Harassment Law and Practice, Retaliation/Whistleblower

A former elementary school principal, who was demoted to a physical education (P.E.) teacher, survives a summary dismissal of his constructive discharge claim despite a two-year gap between the demotion and his decision to retire.  Terry Gannon sued the Cannon County, Tennessee Board of Education for, among other things, discrimination and retaliatory constructive discharge in… Continue Reading

ADA Developments – “How Much Leave Is Required?” Is the Wrong Question

Posted in Leaves of Absence/FMLA Law and Practice

Based on recent developments, employers wonder how much leave is really required under the ADA.  It seems that employers with even generous policies and practices have run afoul of the EEOC either in individualized cases, or, worse yet, in class claims. Most recently, Verizon Communications Inc. settled for a record $20 million payout based on… Continue Reading

What are the Protected EEO/Non-Discrimination Categories in Tennessee?

Posted in Discrimination and Harassment Law and Practice, Doing Business in Tennessee

The Tennessee Human Rights Act (THRA) applies to employers with eight or more employees within the state and prohibits discrimination based on race, creed, color, religion, sex, age or national origin.  The interpretation and enforcement of the THRA follows closely that of Title VII and the Age Discrimination in Employment Act (ADEA). The Tennessee Human… Continue Reading

What is the “Interactive Process”?

Posted in Discrimination and Harassment Law and Practice

As an employer’s representative, I know that when I become aware of an employee’s disability, or even now, under the Americans with Disabilities Act (ADA) amendments, when I become aware of an employee’s impairment that could impact the employee’s job, I must engage in an “interactive process.”  But what is that?  How does the interactive… Continue Reading