Bob Nobile Quoted in The New York Times
"Finding a Way to Stay on the Go"

The article, "Finding a Way to Stay on the Go," in the February 27 issue of The New York Times notes "Common injuries and illnesses can temporarily ground even the most frequent flier. But when a medical condition has a prolonged impact on the ability to fly, drive or carry a suitcase filled with product samples, it can create a thorny situation — both for workers and their employers. According to lawyers who specialize in employment and disability law, companies are not obligated to retain workers who can no longer maintain their travel schedule, if travel is essential to the job. But there are laws that protect employees with disabilities, and there is a process to follow before a worker can be shown the door. Also, as the travel industry improves at accommodating customers with disabilities, challenges like being in a wheelchair do not have to mean the end of business travel. The primary federal law that comes into play is the Americans With Disabilities Act, which covers employers with 15 or more employees. It prohibits employers from discriminating against people with disabilities in their hiring, firing and promotions, but what qualifies as a disability is not always clear. The next hurdle is determining whether a disability prevents the employee from performing essential functions, including travel, or if the employer can take “reasonable” measures to allow someone with a disability to continue doing the job."

. . . other legal experts said that disability cases are on the rise but plaintiffs don’t usually win their A.D.A. cases when they go to court. "One reason for plaintiffs’ low rate of success is that companies try to avoid litigation unless they have a strong case, said Robert J. Nobile, a partner at the law firm of Seyfarth Shaw who specializes in labor and employment law. Mr. Nobile cited as an example a case involving a college recruiter who had been injured in a car accident and was unable to drive. In that case, he said, the college granted the employee a three-month leave of absence, which was extended to six months, and paid for the employee’s health insurance during that time. Once the employee returned to work, the college permitted accommodations, like having her send brochures to prospective clients in advance so she would not have to cart them around. Ultimately, the arrangement did not work out and the employee was fired; she filed a lawsuit, but lost. “Legally, they could have fired her a long time ago, but they’ve gone above and beyond,” Mr. Nobile said. For employees with short-term illnesses or injuries, another option is to take an unpaid leave of absence — for instance, while recovering from an operation. The Family and Medical Leave Act, which applies to employers with 50 or more employees, allows workers to take up to 12 weeks off a year without losing their health insurance or their jobs."