Employment & Labor Insider

Employment & Labor Insider

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Category Archives: Americans with Disabilities Act

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Is telecommuting a reasonable accommodation, or is it not?

Posted in Americans with Disabilities Act, Discrimination
Inquiring minds want to know! In the context of a lawsuit brought under the Americans with Disabilities Act, a recent court decision says that “regular attendance” is an essential function of the job. But what is “regular attendance”? Which made me think of this: (I promise – this is neither a pro- nor an anti-Hilary Clinton post,… Continue Reading

BREAKING!!!! EEOC issues proposed “wellness” regs

Posted in Americans with Disabilities Act, Genetic Information Non-Discrimination Act, GINA
Law360 just reported that the EEOC has issued its long-awaited proposed rule on wellness programs and the Americans with Disabilities Act. The official version will be published Monday in the Federal Register. I am out today and tomorrow to present some seminars, but I will have a full post on this as soon as I’ve had… Continue Reading

Hang tight, employers — EEOC’s proposed Wellness Rule is at the OMB

Posted in Affordable Care Act, Americans with Disabilities Act, Genetic Information Non-Discrimination Act, GINA
The EEOC’s much-awaited proposed rule on employer wellness programs, the Americans with Disabilities Act, and the Genetic Information Nondiscrimination Act may finally be on its way. According to Law360, a proposed rule has been approved 4-1 by the Commission, and is being reviewed by the Office of Management and Budget as we speak. Once approved by the… Continue Reading

EMPLOYMENT LAW BLOG CARNIVAL: April Fools’ Edition

Posted in Americans with Disabilities Act, Discrimination, eLaw, Employment Law Blog Carnival, ERISA, Family and Medical Leave Act, Gender Identity Discrimination, Labor Relations, Lactation, Protected Concerted Activity, Retaliation, Safety, Same-sex marriage, Social media, Wage-Hour
(St. Patrick’s Day is sooooo nine hours ago!) Ever looking to the future, we celebrate the coming April Fools’ Day with this month’s greatest employment law blog posts. Some of my summaries are accurate, and others are “fools’ editions” – you’ll have to read the actual posts to know which is which. There are so many excellent posts… Continue Reading

“State of the Union” on substance abuse and the workplace

Posted in Americans with Disabilities Act, Drug Testing, Family and Medical Leave Act, Safety, Transportation Industry
Where are we these days with respect to mind-altering substances and the workplace? Here’s the latest, with the “substances” discussed in alphabetical order. This blog post is guaranteed accurate™ for at least the next five minutes. ALCOHOL. Alcohol is legal, which means that it is generally recognized as the most abused of substances. Employers can prohibit… Continue Reading

Another employer pays for “Sorry, I can’t go”

Posted in Americans with Disabilities Act, Discrimination, Drug Testing, Transportation Industry
Last October, I posted about a consent decree entered into between Wal-Mart and the Equal Employment Opportunity Commission, in which Wal-Mart agreed to pay $72,500 to candidate for a store job in Maryland whose offer was withdrawn because she couldn’t undergo a urine test for drugs. The candidate had end-stage renal disease. Now, Kmart has… Continue Reading

15 for ’15: Employment and labor resolutions for the new year

Posted in Affirmative Action, Affordable Care Act, Alternative Dispute Resolution, Americans with Disabilities Act, Background Checks, Discrimination, Drug Testing, Equal Pay, ERISA, Family and Medical Leave Act, Harassment, Independent Contractor, Labor Relations, Lactation, Pregnancy, Protected Concerted Activity, Safety, Social media, Wage-Hour
By David Phippen of our Metro D.C. Office. While the year is still young, here are 15 New Year’s resolutions that employers may want to make: 1. Make sure your “independent contractors” are really independent contractors. “Independent contractors” are under scrutiny by the Internal Revenue Service, the U.S. Department of Labor, the National Labor Relations Board, state… Continue Reading

Year-end employment law roundup — happy 2015!

Posted in Americans with Disabilities Act, Class actions, Discrimination, eLaw, Family and Medical Leave Act, Harassment, Labor Relations, Retaliation, Wage-Hour
NOTE: On January 15, this post was updated and one correction made (see “Nipped in the bud” and “Jury clobbers Catholic diocese,” below).  Happy New Year, everyone! While I’ve been out for the holidays, the courts and government agencies have stayed busy with employment law matters. Here are the developments that I thought were especially… Continue Reading

Christmas won’t be merry for these employers!

Posted in Affordable Care Act, Americans with Disabilities Act, Discrimination, Employment Law Blog Carnival, Harassment, Labor Relations, Lactation, Pregnancy, Wage-Hour
Oh, you better watch out! A lot of employers have been naughty. I checked the court dockets, and would you believe all of these employment lawsuits filed in the week before Christmas!  Cratchit v. Scrooge & Marley (Madison Co. (London) OH Ct. of Common Pleas). Plaintiff asserts claims against employer under Americans with Disabilities Act, contending he… Continue Reading

Employment law advice you should never follow

Posted in Affordable Care Act, Americans with Disabilities Act, Discrimination, Family and Medical Leave Act, Pregnancy, Retaliation, Safety, Violence
Employers, if you’re getting advice like this from your employment lawyer, do you know what time it is? Time to get a new employment lawyer. “Never give in on unemployment.” This is terrible advice on so many levels. First, an employee who doesn’t have even the relatively minimal income provided by unemployment is going to… Continue Reading

5 legal traps for the wariest employer

Posted in Affirmative Action, Americans with Disabilities Act, Employment at Will, Family and Medical Leave Act, Gender Identity Discrimination, Harassment, Protected Concerted Activity, Retaliation, Wage-Hour
You’re an employer who tries to do the right thing. But what hidden traps are out there, waiting to grab your ankle and yank you into a lawsuit? Here are a few that cause trouble for even the best employers:… Continue Reading

EEOC promises guidance on wellness programs in February

Posted in Affordable Care Act, Americans with Disabilities Act, Genetic Information Non-Discrimination Act, GINA
Good news! The Equal Employment Opportunity Commission recently announced in its 2015 regulatory agenda that it will be issuing proposed regulations on the impact of the Americans with Disabilities Act and the Genetic Information Nondiscrimination Act on wellness programs. The proposed regs are expected in February. To read about the continuing saga of the ADA/GINA… Continue Reading

Wal-mart, EEOC reach accord in drug test “accommodation” lawsuit

Posted in Americans with Disabilities Act, Drug Testing, Transportation Industry
Laura Jones was offered a sales job at the Wal-Mart store in Cockeysville, Maryland, and was told that she would have to take a drug test. According to the U.S. Equal Employment Opportunity Commission, Ms. Jones told an assistant store manager that she had end stage renal cancer, which prevented her from taking a urine… Continue Reading

BREAKING: EEOC seeks court order to halt Honeywell’s biometric testing

Posted in Americans with Disabilities Act, Genetic Information Non-Discrimination Act
UPDATED 10/29/14 and 11/7/14 (see below). Thanks to Kate Bischoff of The Employment Law Navigator for bringing this to our attention. The Equal Employment Opportunity Commission filed a petition yesterday in federal court in Minnesota to stop Honeywell International, Inc., from requiring that employees (and spouses, if the employees have family health insurance coverage) either get… Continue Reading

A reader asks: “Is it me, or has job interviewing become really complicated?”

Posted in Americans with Disabilities Act, Discrimination, Pregnancy
Last week, I wrote about the two situations in which an employer should ask an applicant about a disability or a religious belief or practice that might require reasonable accommodation. (As I emphasized last week, 99 percent of the time, you should stay away from these topics in job interviews.) My post prompted one reader… Continue Reading

An employer should never ask about disability or religion. Except when it should.

Posted in Americans with Disabilities Act, Discrimination
Everybody knows that an employer should never, ever, ever ask an applicant about religion or disability until after a conditional offer of employment has been made. And maybe not even then. Right? Right? Well, mostly right. But, as a couple of EEOC lawsuits show, there may be times when you have to make an exception… Continue Reading

The EEOC has been a busy bee this week. (It stings!)

Posted in Americans with Disabilities Act, Class actions, Discrimination, Employment Law Blog Carnival, Genetic Information Non-Discrimination Act, GINA, Harassment, Pregnancy, Settlements
The Equal Employment Opportunity Commission has been on a tear this week, suing employers right and left, and getting some “wins” including a couple of big settlements . . . Train-wreck boss. The U.S. Court of Appeals for the Fifth Circuit (Louisiana, Mississippi, and Texas) vacated a summary judgment decision for a Tex-Mex restaurant franchisor… Continue Reading

Employers, don’t commit these 5 firing faux pas!

Posted in Americans with Disabilities Act, Discrimination, Employment at Will, Family and Medical Leave Act, Pregnancy
Do you think you have that employee termination all buttoned up, and no one will be able to challenge you? Defending that EEOC charge will be a slam dunk? No plaintiff’s lawyer in his right mind would represent your soon-to-be-ex employee? Are you sure about that? Can we talk? Don’t commit these five firing faux… Continue Reading

BREAKING: 6th Circuit will rehear Ford telecommuting/reasonable accommodation case

Posted in Americans with Disabilities Act, Telecommuting
Law 360 reports this morning that the U.S. Court of Appeals for the Sixth Circuit has agreed to rehear the EEOC v. Ford Motor Co. case, which I reported on (and disagreed with) in April. The original decision, holding that Ford should have allowed an employee with severe and unpredictable irritable bowel syndrome to telecommute… Continue Reading

Is the EEOC off the rails with this new “wellness” lawsuit? Don’t think so.

Posted in Americans with Disabilities Act
Last week, the Equal Employment Opportunity Commission filed suit against Wisconsin-based Orion Energy Systems, Inc., over its wellness program and its treatment of ex-employee Wendy Schobert, who was not a fan of the program. The lawsuit contends that the program’s health risk assessment is an unlawful “medical examination” and that the company retaliated against Ms.… Continue Reading

Sexy ADA issue: Bad breakup may not justify employer-mandated medical exam

Posted in Americans with Disabilities Act, Discrimination, Employment Law Blog Carnival, Off-Duty Conduct
Rarely does one get a case that involves a cutting-edge Americans with Disabilities Act issue combined with wild, crazy, passionate, irrationally exuberant, tempestuous, adulterous romance. Well, folks, today is your lucky day. Should we start with the sex, or with the ADA issue? Oh, heck – let’s start with the sex. Emily Kroll, an Emergency… Continue Reading

An in-depth look at the EEOC’s new Enforcement Guidance on pregnancy

Posted in Affordable Care Act, Americans with Disabilities Act, Discrimination, Lactation, Pregnancy
As promised on Monday, here is my magnum opus regarding the EEOC’s new Enforcement Guidance on Pregnancy Discrimination and Related Issues. (Next week, I’ll try to get back to spurious sexual harassment lawsuits against Yahoo executives and gift cards to employees who don’t go to the bathroom during the work day . . . all… Continue Reading