Takeaway: In order to trigger an employer's Rehabilitation Act duties, an employee must identify their claimed disability and request a reasonable accommodation that is connected to the disability.
An employer was justified in terminating an employee who provided insufficient support for her claimed disability and requested remote work as an accommodation under the Rehabilitation Act, according to the 11th U.S. Circuit Court of Appeals. Her employer was also held to be justified in asking for additional support for her claim and request for an accommodation.
A female employee was discharged after seeking to return to work by working full-time from home after the birth of her child, due to what she told her employer were complications from the birth.
The employee worked as a Web content specialist for the state of Georgia Governor's Office of Student Achievement (GOSA). In July 2018, after the birth of her child by cesarean section, the employee told her employer she would need to work remotely and provided her employer with two doctor's notes.
She provided no details to her employer about how her pregnancy complications affected her or how they would be addressed or alleviated by her requested accommodation—teleworking—even when asked to do so by her employer.
To evaluate her request to telework on a full-time basis, which was not standard policy, the employer asked the employee to submit additional support and paperwork explaining her disability and why remote work was a...
Kuehn Law is investigating Fractyl Health for allegedly misleading shareholders about the effectiveness of its outpatient therapy, Revita. The lawsuit claims the company overstated Revita's clinic...