Almost a year ago the U.S. Supreme Court affirmed the enforceability of class action waivers in arbitration agreements between employers and employees (see Epic Systems Corp. v. Lewis https://www.scotusblog.com/case-files/cases/epic-systems-corp-v-lewis). Last week the Court issued an opinion that further solidified the enforceability of class action waivers in the employment context. Continue reading “U.S. Supreme Court Ruling on Arbitration Agreements Is a Win for Employers”
As with most questions arising under the ADA, the answer is a firm “it depends on the facts.” Under the facts of a Sixth Circuit case decided on March 20th, the answer was “no.”
In this case the Plaintiff, Ms. Tinsley, worked as a Business Analyst for Caterpillar Financial. She thought that the stress of her job was causing her to suffer health issues. She initially requested, in writing, that she be removed from specific projects, stating that her “many [work] responsibilities … [were] causing [her] to be stressed beyond what [she was] physically able to handle,” which “negatively impact[ed her] work, sleep, and overall health.” Her supervisor met with her and said that he would look into her request. A week later Tinsley submitted a doctor’s note requesting four days off for a “confidential medical condition.” (Sounds like time to give her FMLA form WH-300-EHealth Care Provider Certificate to me.) Caterpillar granted her leave and upon her return to work the company met with her and reassigned some of her work to other employees.