(DEAR READERS: I know that using “Bermuda Triangle” to refer to issues involving the Americans with Disabilities Act, the Family and Medical Leave Act, and workers’ compensation is corny, trite, stale, and overdone. But I’m being ironic, so it’s ok.) No. 1: FMLA leave can run _____________ with workers’ compensation leave. A. Consecutively B. Conformity C. Concurrently… Continue Reading
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
The law requires employers to treat most pregnant employees the same way they treat other employees with temporary disabilities -- no better, and no worse.… Continue Reading
Is there any difference between light duty and reasonable accommodation? Usually there is, although light duty can be a form of reasonable accommodation.… Continue Reading
The most important thing to remember about the ADAAA is that, for the most part, all it does is change (albeit drastically) the definition of "disability." The ADAAA does not affect the old ADA's anti-discrimination, reasonable accommodation, confidentiality, or "medical examination" provisions. As a practical matter, what this means is that employers will no longer be able to rely on the defense of "no disability," but if they avoid discrimination and handle reasonable accommodation requests well, they should still be able to avoid liability.
With that "bottom line," here are my best practices for staying out of trouble in light of the ADAAA… Continue Reading