The Supreme Court will consider several appeals this term. Each of
these cases carries the potential for sweeping ramifications to employers.
A synopsis of these important employment cases follows:
ADA Requirements and a Bona Fide Seniority System: This
decision will likely clarify whether the Americans with Disabilities Act (ADA)
requires an employer to reassign a disabled employee to a different position as
a reasonable accommodation despite the existence of a bona fide seniority system
that would preclude the employee’s eligibility for the proposed position.
Circuit courts have split on this issue.
FMLA Advance Designation Rules Under Review: The Court
will analyze an Eighth Circuit ruling that held invalid Family and Medical Leave
Act (FMLA) regulations providing that an employee’s paid or unpaid leave cannot
count against the FMLA’s 12-week leave limit unless the employer gives the
employee prospective notice to that effect.
Does Direct
Threat Doctrine Include Harm to Self?: The Court will
consider whether the ADA allows employers to exclude from specific jobs disabled
workers who do not pose a threat to co-workers but do pose a potential threat to
themselves.