Is An Accommodation Always Required?

Not always, according to a recent opinion from the 4th Circuit Court of Appeals. Jeffrey Jessup sued Barnes Group, Inc. under the ADA and claimed that the employer did not provide a reasonable accommodation for his disability. Unfortunately for Mr. Jessup, he repeatedly claimed that he was totally disabled from work due to his anxiety and depression. The District Court and the Court of Appeals both found that this was an admission that there was no reasonable accommodation that could help Mr. Jessup perform his job. As such, the courts determined that Mr. Jessup was no longer qualified for his position and his employer was free to terminate his employment. It is unclear from the court's opinion whether Mr. Jessup sought a finite period of additional medical leave as a reasonable accommodation. Had he done so, the outcome may have been different. Many employees find themselves totally unable to work for a period of time because of their disabilities. Both the EEOC and many courts have held that under such circumstances, a brief period of medical leave should be considered as a possible reasonable accommodation. This case is a good reminder why employees with disabilities who need a reasonable accommodation...

We help whistleblowers

Companies that do business with the government are held to the highest ethical standards. Claims for taxpayer funds may not be payable if the employer has failed to comply with applicable regulations or contract provisions. To fight back against fraudsters, Congress passed a powerful law called the False Claims Act. The False Claims Act rewards employees who come forward with information about fraud on federal or state taxpayers. If your company has contracts with the federal or state government, or if it submits claims to any federal or state program, and if you are aware of any corporate shenanigans that caused the government to pay claims it did not owe, we want to hear from you. Call 412-258-2250 today.

Sexual harassment at work

We have seen a significant increase recently in sexual harassment cases involving senior corporate executives. When sexual harassment is perpetrated by a member of the C-Suite (for example, the CEO, COO, President, Owner or another senior corporate executive), liability is automatic and strict. This is because the law draws no distinction between the corporate entity and the executive officers who control it for purposes of sexual harassment liability. Such officers are considered the corporation's proxy or alter-ego. If you have been sexually harassed or assaulted by a senior corporate officer at work, you may have important rights under the law. Call us today at 412-258-2250 for a consultation. Pittsburgh employment lawyer Charles A. Lamberton. Representing employees in discrimination, retaliation, sexual harassment and wrongful termination cases for more than 20 years. High end representation for high end cases and clients. Contact us today.