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Employment Discrimination Report Discussions on Recent Legislation, Noteworthy Cases & Trends in Enforcement

ADA? and FMLA? and Workers’ Compensation? – Oh, My!

Posted in Retaliation

For the title of this blog I’ve taken some liberties with the original dialog from the Wizard of Oz (for the actual dialog click here).  If, when you hear these words, you find yourself wishing you could just click your heels and go home, you are not alone as that is a common reaction from my clients.

 

Recently, I had the opportunity to present at a seminar with Meg Errickson from Marsh & McLennan Agency LLC in New York City.  The overall topic was on reducing your Workers’ Compensation costs. 

 

We have blogged extensively about disability issues under the ADA (2/8/12 and 3/30/11, for example).  We have not, however, spoken about workers’ compensation and Family and Medical Leave Act ("FMLA") retaliation, but both statutes do prohibit employers from retaliating against an employee for claiming the benefits of the statute.

 

As most of you know, the ADA and FMLA can be complicated.  Throw in workers’ compensation and you have a recipe for disaster.  My part of the presentation was on understanding obligations under all of these laws in order to reduce workers’ compensation costs and retaliation claims.

 

If you would like to check out the presentation, you can view my slide show here:  http://www.slideshare.net/cstoneburner/rl1-1022709v1marsh-interplay