ADA protection for “chronic lateness”?

It’s probably not a type of claim that employers should worry about too much, says Jon Hyman…. at least, not yet. “If nothing else, it shows just how broad the ADA has become in potentially covering a wide breadth of physical and mental health issues. “


  • I would like to see what happens if the Justice Department lawyers prosecuting the case exhibit chronic lateness for their appearances before the judge.


  • Sorry, but this is already happening. The ADA has subsumed the FMLA because of a relentless litigation push by the EEOC. Companies have just given up. Intermittent leave as an accommodation is becoming the norm. Not because it’s what the law requires, but because the alternative is more litigation from a government with endless resources (so it seems).