Intermittent leave under the Family and Medical Leave Act continues to bedevil employers in implementing leave management measures balanced with maintaining workforce productivity. When intermittent FMLA is combined with the so-called “hidden disabilities” such as migraines, fibromyalgia or asthma, employers are often hard-pressed to manage their workforce in compliance with the various statutes that come into play. This difficult balance was recently addressed by the U.S. District Court for the Eastern District of Pennsylvania in Brady v. United Refrigeration, No. 13-6008 (E.D. Pa. June 3, 2015) (Robreno, J.).
NO FRAGRANCES REQUIRED
Christine Brady was a credit manager for United Refrigeration Inc. from May 2001 through her termination/layoff in October 2011. Although she claims to have suffered from chemical sensitivity for at least a decade, she first informed URI of her condition in December 2010, when she advised the company that perfumes and fragrances bothered her, according to the opinion. She inquired whether she could have a “fragrance-free zone.” This started a 10-month accommodation tug-of-war that ultimately ended in Brady’s termination.
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
LexisNexis® and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information.
For questions call 1-877-256-2472 or contact us at [email protected]
