Employment & Labor Insider

Employment & Labor Insider

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Category Archives: Americans with Disabilities Act

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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

Alcoholic truck driver case is good for transportation employers, but be careful

Posted in Americans with Disabilities Act, Drug Testing, Transportation Industry
ROBIN’S NOTE: I am happy to have Tommy Eden back again for a guest post. Tommy is from Constangy’s offices in Opelika, Alabama, and West Point, Georgia. He drafts DOT and state-specific drug testing policies for clients nationwide, and he serves on the Board of the Substance Abuse Program Administrators Association. Don’t get too excited about that recent decision … Continue Reading

ADA interactive process: A quiz for employers

Posted in Americans with Disabilities Act
What do you really know about the “interactive process” under the Americans with Disabilities Act? This is one area in which I am always getting questions, and I think it’s the terminology that scares employers. “Interactive process” sounds so intimidating. Instead of ”interactive process,” it should be called “sit-down.” When an individual needs a reasonable accommodation, … Continue Reading

Guidance on employer incentives for wellness participation is on the way, says EEOC

Posted in Americans with Disabilities Act, Genetic Information Non-Discrimination Act, GINA
Hallelujah! The Equal Employment Opportunity Commission announced this week that it plans to issue guidance on employers’ ability to offer incentives to employees based on their participation in wellness programs, or whether they provide information in response to health risk assessments. I’ve blogged about this issue in the past – here, here, here, and here. There … Continue Reading