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Passive Aggressive Disorder Not A Covered Disability

Darrell VanDeusen
Darrell VanDeusen
06/20/2013
Disability & Leave, Reasonable Accommodations/Undue Burden
A California federal district court has held that “passive-aggressive disorder” is not a disability under California’s anti-discrimination law,  a statute that defines disability more broadly than does the Americans with Disabilities Act Amendments Act (ADAAA).  Gliha v. Butte-Glenn Cmty. Coll. Dist,  2013 U.S. Dist. LEXIS 84266 (E.D. Cal. June 14, 2013). Gliha had been the executive director of development at the Community College for...
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Maryland Employers Required To Provide “Light Duty” And Other Reasonable Accommodations For Pregnant Temporarily Disabled Employees

Kollman & Saucier
Kollman & Saucier
05/23/2013
Disability & Leave, Legislative Developments, Pregnancy Discrimination, Reasonable Accommodations/Undue Burden, State Law
One of the biggest changes coming to Maryland employers with 15 or more employees will last more than 9 months.   Governor Martin O’Malley signed into law the requirement that employers provide to pregnant employees certain reasonable accommodations beyond those presently required by the Americans with Disabilities Act (ADA) and the Pregnancy Discrimination Act (PDA).  Under the Reasonable Accommodations for Disabilities Due to Pregnancy Act,...
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Employer’s Consistent Explanation for Discharging Employee Defeats Discrimination Claims

Kollman & Saucier
Kollman & Saucier
04/11/2013
Disability & Leave, Employment Discrimination, FMLA, Reasonable Accommodations/Undue Burden, Retaliation, State Law
In Anderson v. Discovery Communications, 8:08-cv-02424, 2013 WL 1364345 (4th Cir. Apr. 5, 2013), the Fourth Circuit affirmed a decision from the United States District Court for the District of Maryland granting summary judgment to Discovery and a cadre of individual defendants on claims under the Americans with Disabilities Act (ADA), Montgomery County Human Rights Act (MCHRA), and Family and Medical Leave Act (FMLA). Though unremarkable in and of...
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Employer Off The Hook For Not Accommodating Employee’s Religious Beliefs

Kollman & Saucier
Kollman & Saucier
01/11/2013
Reasonable Accommodations/Undue Burden, Religious Discrimination
The Fourth Circuit recently affirmed that a reasonable accommodation of an employee’s religious beliefs is not required if such accommodation would cause an undue hardship.  That is, an accommodation is not necessary if it would result in more than a de minimis cost to the employer.  EEOC v. Thompson Contracting, Grading, Paving, & Utils. Inc., No. 11-11897 (4th Cir.  Dec. 14, 2012) (unpublished). Banayah Yisrael worked for Thompson...
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