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Disability, Leave and Medical Issues ON YOUR TEAM

Daily, employers encounter the daunting federal and state laws governing family and medical leave entitlements, requests for reasonable accommodation and employees- medical issues. We can help employers stay abreast of current regulations and create strategies for any litigation that may occur.

The expansion of the Americans with Disabilities Act (ADA) and the ADA Amendments Act, as well the effects of Family and Medical Leave Act (FMLA) amendments, provide additional challenges, as employers are defending more claims for compensatory, punitive and/or liquidated damages. Our attorneys are experienced in helping clients navigate the complex network of statutes and regulations, including:

  • The Family and Medical Leave Act (FMLA)
  • The Americans with Disabilities Act (ADA), including the new ADA Amendments Act Final Regulations
  • The Genetic Information Nondiscrimination Act (GINA)
  • Health Insurance Portability and Accountability Act (HIPAA)
  • Occupational Safety and Health Act (OSHA)
  • State workers- compensation statutes
  • Federal and state privacy laws

Our attorneys have extensive experience in counseling clients in proactive measures and litigating claims under these laws. We can:

  • Advise clients on workplace medical and return-to-work issues, including the interplay among the various state and federal laws
  • Draft policies for leave management and dealing with reasonable accommodation requests
  • Conduct supervisory training regarding leave requests, reasonable accommodation requests and other medical issues
  • Litigate claims related to these medical issues
  • A cross-office team of firm attorneys successfully helped obtain dismissal with prejudice in the case of Oberloh v. City of Mishawaka, Indiana et al, 3:12-cv-174 (N.D. Ind.), which involved claims that the city violated Title II of the Americans with Disabilities Act and Section 504 of the Rehabilitation Act by failing to remedy more than 1,000 alleged barriers to access at city facilities and then purportedly retaliating against plaintiff and his wife after plaintiff complained about the alleged barriers. Plaintiff sought $20 million in damages. On Feb. 21, 2014, Judge James T. Moody adopted the report and recommendation of Magistrate Judge Christopher A. Nuechterlein dated Jan. 14, 2014 and dismissed the case as a sanction for plaintiff's "bad faith, deception and misconduct" during discovery in the case. Defendants sought dismissal as a sanction for plaintiff's ongoing and escalating misconduct during discovery, which necessitated defendants filing multiple discovery motions. Prior to dismissal, the firm also obtained monetary sanctions against plaintiff for his discovery misconduct.



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