Employment & Labor Insider

Employment & Labor Insider

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Tag Archives: “Reasonable Accommodation”

Weekly catch-up

Posted in Immigration, Politics, Pregnancy
President Trump endorses the RAISE Act, which would clamp down on legal immigration. The RAISE Act legislation, among other things, would give immigration priority according to a skills-based “points” system and to individuals who speak English. If enacted in its current form, it would be expected to reduce legal immigration to the United States by about 50 percent.… Continue Reading

Weekly catch-up

Posted in Americans with Disabilities Act, ConstangyTV
Would you believe we have another ConstangyTV Close-Up on Workplace Law? We do! In our August show, host Leigh Tyson talks with Heather Owen of our Jacksonville Office (esteemed proprietor of FOCUS, our women’s leadership blog) about coordinating reasonable accommodation obligations under the Americans with Disabilities Act and leave under the Family and Medical Leave Act. Heather… Continue Reading

Thinking out loud about medical marijuana and reasonable accommodation

Posted in Drug Testing
(When I think out loud, beware.) Ellen Kearns’ discussion of last week’s decision in Barbuto v. Advantage Sales and Marketing, in which the Massachusetts Supreme Judicial Court ruled that employers may have to accommodate employees who use medical marijuana, got me thinking about whether we need to revisit some of our assumptions about marijuana in the… Continue Reading

Weekly catch-up

Posted in Constangy News, ConstangyTV, FOCUS, Immigration
Constangy is #1 midsize law firm for women! Law360 has ranked us number one among law firms with 150-299 attorneys. Firms were not even eligible to be ranked if they didn’t have at least 49 percent female attorneys, so we are the creme de la creme. Heather Owen, proprietor of FOCUS, our women’s leadership blog, has… Continue Reading

Second-guessing the advice columns on workplace law — again!

Posted in Americans with Disabilities Act, Family and Medical Leave Act, HR
I’m going to have to make this a regular series. A few weeks ago, I posted about an “Ask Amy” column involving a bullying boss, which I thought had really poor employment law advice. (To her credit, Amy posted not one, but two, corrections not long afterward.) Last week, Karla Miller of the “Work Advice” column… Continue Reading

“The Bermuda Triangle” ADA-FMLA-Workers’ Comp Quiz

Posted in Americans with Disabilities Act, Family and Medical Leave Act, HR, Workers' Compensation
(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

10 habits of highly effective HR professionals (April Fool’s edition)

Posted in Americans with Disabilities Act, Corporate Culture, Discrimination, Elections, Employment at Will, Equal Pay, Family and Medical Leave Act, Harassment, HR, Labor Relations, Politics, Protected Concerted Activity, Retaliation, Safety, Wage-Hour, Workers' Compensation
DEAR READERS: Before you accuse me of legal malpractice, take a look at tomorrow’s date.   Habit 1: Discriminate, retaliate, harass — have a ball! There’s a new sheriff in town, with a more employer-friendly, compliance-assistance-oriented U.S. Department of Labor (we think) and the nullification of burdensome regulations like the gone-and-not-lamented Fair Pay and Safe Workplaces Rule.… Continue Reading

New voluntary self-ID (disability) form is now available

Posted in Affirmative Action
On January 31, the Office of Federal Contract Compliance Programs announced that the voluntary self-identification form for individuals with disabilities has been renewed through 2020. The renewed form remains the same with the exception of the new expiration date of January 31, 2020. Federal contractors should begin to use the renewed form or update their electronic… Continue Reading

Peanut passions, the ADA, and co-workers who take an employee’s allergy with a grain of salt

Posted in Americans with Disabilities Act, Discrimination, Harassment
Karla Miller of the “WorkAdvice” column in the Washington Post had a doozy last week. I’m going to assume that all the people involved in this story are female. I’m probably wrong, but that will allow me to make up fake names for them. PEANUT BUTTER PASSION The letter writer (let’s call her Zoey), had a peanut allergy… Continue Reading

EEOC Small Business Resource Center: Two thumbs up!

Posted in Discrimination, Equal Pay, Gender Identity Discrimination, Genetic Information Non-Discrimination Act, GINA, Harassment, Pregnancy, Product Review, Retaliation, Sexual Orientation
I spent some time yesterday at the new Small Business Resource Center, which went live this week on the website of the Equal Employment Opportunity Commission. I think it’s great. Small businesses, which may be just below or at the cusp of coverage by federal anti-discrimination laws, are often confused about (1) whether they are covered, and (2)… Continue Reading

School’s out! So what’s with this summer employment law quiz?

Posted in Americans with Disabilities Act, Discrimination, Gender Identity Discrimination
No more pencils, no more books, no more teacher’s dirty looks . . . except for one little quiz on employment law issues that come up during the summer. Don’t worry about your score – I’m told that Teacher already has her flip-flops packed and is on her way to Cancun. No. 1. You are the office… Continue Reading

Only in California: Standing up for sitting down

Posted in Only in California, Wage-Hour
NOTE FROM ROBIN: Welcome to our Los Angeles-Century City Office, and to Steve Katz, who will be posting from time to time about the most peculiar of California’s employment laws. California’s wage orders, which regulate working conditions for most industries and occupations, require that “[a]ll working employees shall be provided with suitable seats when the nature of… Continue Reading

Is driving an “essential function of the job” for your road warriors?

Posted in Americans with Disabilities Act
If your employee isn’t a professional driver but spends a lot of time on the road, how “essential” a job function is driving for ADA purposes? Is driving “essential” at all? In what I consider to be a very significant result under the Americans with Disabilities Act, a three-judge panel of the U.S. Court of Appeals for the… Continue Reading

Who was naughty, and who was nice in employment law this year

Posted in Affordable Care Act, Americans with Disabilities Act, Discrimination, Genetic Information Non-Discrimination Act, GINA, Harassment, Labor Relations, Lawyers!, Pregnancy, Protected Concerted Activity, Retaliation, Safety, Social media, Telecommuting, Wage-Hour
Who’s been naughty and who’s been nice in labor and employment law? Here are my picks for 2015. Feel free to add your own in the comments. NAUGHTY! The National Labor Relations Board, for being naughty in too many ways to mention. Its rules on employer handbook policies, including confidentiality and social media, are unrealistic… Continue Reading

Trojan travails: Coach Sarkisian’s alcoholism-discrimination lawsuit against USC

Posted in Americans with Disabilities Act, California FEHA, Discrimination, Retaliation
Readers have been clamoring for my take on the alcoholism-discrimination lawsuit filed by Steve Sarkisian against the University of Southern California. Actually, I got one email from a reader, who had a better take on the whole situation than I do. But who cares! I still think it’s a great topic, and a case worth following! Here’s the deal,… Continue Reading

EEOC provides ADA guidance for employees’ doctors

Posted in Americans with Disabilities Act, Discrimination
Gee, Ma, this is swell! The Equal Employment Opportunity Commission came out this week with some guidance about the rights of individuals with AIDS and HIV. The guidance is unremarkable for anyone who is familiar with the Americans with Disabilities Act, although it never hurts to get a refresher, and in any event it’s aimed at employees, not… Continue Reading

Straight from the source: EEOC’s 10 hottest litigation trends

Posted in Americans with Disabilities Act, Background Checks, Class actions, Discrimination, Harassment, Pregnancy, Retaliation, Settlements, Telecommuting
Last week I heard David Lopez, General Counsel of the Equal Employment Opportunity Commission, speak about EEOC litigation developments at the annual North Carolina/South Carolina Labor and Employment Law conference. The EEOC has been litigating like a house afire, so I knew you would want to hear what he had to say. Mr. Lopez – who… Continue Reading

When terminating an employee, is a clean break better than a long limbo?

Posted in Americans with Disabilities Act, Discrimination, Employment at Will, Workers' Compensation
If you have a poor performer, is it better to make a clean break and fire him, or is it better to prolong his (and your) agony? That is obviously a biased question, but some employers will do almost anything to avoid firing an employee, including the following: Nothing Issue 8 bazillion warnings but never act on… Continue Reading

Can employees trust Human Resources?

Posted in Corporate Culture
Are Human Resources representatives advocates for employees, or shills for the corporate bigwigs? I suppose you’ve been following the story about how Amazon (1) is the worst place in the world to work, (2) no it isn’t, (3) anyway, the New York Times didn’t do good research and based its story on too many anecdotes, and… Continue Reading

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

Pregnancy accommodation FAQs for employers

Posted in Discrimination, Pregnancy
What do employers need to know about the Supreme Court’s pregnancy accommodation decision last week in Young v. United Parcel Service? For the “somewhat-scholarly” version (also known as the “tl:dr”* version), go here. *”Too long; didn’t read” For the “one minute 14 second” version, go here. But for the “just right” version, stay where you are for some… Continue Reading