Are learning disabilities considered serious health conditions under the Family and Medical Leave Act (FMLA)? A recent 6th Circuit Court of Appeals case has provided some guidance on this issue. In Perry v. Jaguar of Troy, 353 F.3d 510 (6th Cir. 2003), the Court determined that a 13-year-old child’s attention deficit disorder (ADD) and attention deficit hyperactivity disorder (ADHD) were not serious health conditions.

The Appeals Court Has Its Say

On February 9, 2004, the Court of Appeals of Ohio, Third Appellate District, issued its ruling in Ohio ex. rel. AFSCME, et al. v. Taft, 156 Ohio App. 3d 37 (2004) (Case No. 1-03- 56). This opinion dismantled the injunction that had been issued by the Court of Common Pleas of Allen County, barring Governor Bob Taft and Director Reginald A. Wilkinson of the Ohio Department of Rehabilitation and Correction (DRC) from closing the Lima Correctional Institution (LCI) in an effort to compensate for projected shortfalls in state revenues.

The Ohio Supreme Court recently issued a decision in which it affirmed, by a 6-1 majority, the prospective deduction of vacation leave as a means of disciplining an employee. Harden v. Ohio Attorney General (2004), 101 Ohio St.3d 137, 2004 Ohio LEXIS 268.

On April 23, the U.S. Department of Labor published its new revisions to overtime regulations. These revisions represent the first significant update since the early 1950s. Originally these regulations were scheduled to be issued on March 30 of this year, but the deadline was extended so the Office of Management and Budget (OMB) could review them.

Does your workplace have motivational posters? The kind with breath-taking scenery photos? Sometimes the photos include a man scaling a jagged mountain, a woman mastering the awesome crush of ocean waves on a surf board, or maybe a multi-gender, multi-race crew team sculling madly to victory. The posters always have captions intended to inspire one to great feats or universal enlightenment. Phrases such as “What the mind can conceive and believe, it can achieve,” “Courage comes from a reserve of the mind more powerful than outside circumstances,” and “Diversity is our strength” often accompany the photos. Have you ever imagined that you or your employer could be sued for posting motivational posters in your workplace? It can happen. Hewlett Packard Co. was sued in federal court. Peterson v. Hewlett Packard Co., 2004 U.S. App. Lexis 72 (9th Cir. Jan. 6, 2004). This 9th Circuit case serves as a reminder to employers and human resource professionals of the importance of balancing First Amendment principles with anti-discrimination and anti-harassment work place policies.