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Archive for June 2019

When is Obesity a Disability under the ADA?

Complying with the Americans with Disabilities Act poses difficult challenges for employers, and one of the toughest issues to come along in recent years is how to deal with obese employees. Thanks to a new decision by the Seventh Circuit Court of Appeals, the law appears to be settling on the principle that obesity only…

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Don’t Freeze Up: Know What to Do When ICE Comes Knocking

Employers should understand how to handle I-9 inspections by Immigration and Customs Enforcement (ICE) and proactively prepare for possible enforcement actions to avoid penalties and prosecution. While the uptick of ICE’s deportation enforcements has made headlines, their I-9 inspections have received less media attention despite similar dramatic increases. In 2017, ICE conducted 1,360 I-9 inspections,…

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Seventh Circuit: Obesity Alone Is Not A Disability Under the ADA

As we previously reported, the issue of whether obesity is a legally-protected impairment is complex, and jurisdictions differ on the extent to which they consider obesity to be a disability under the Americans with Disabilities Act (“ADA”). On June 12, 2019, the United States Court of Appeals for the Seventh Circuit joined the Second, Sixth,…

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FCRA’s Seven-Year Reporting Window Begins with Charge, Not Dismissal

The seven-year limit for reporting criminal charges on background checks begins when the charges are filed, not when they’re dismissed, a federal appeals court recently ruled, meaning employers should know that criminal charges exceeding the seven-year limit shouldn’t appear in employment screens. The 9th U.S. Circuit Court of Appeals ruled May 14 that the measuring…

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FMLA May Protect Leave for Visits to the Doctor

A bakery that fired an employee who left work early to see doctors concerning his prostate cancer, for which he sought Family and Medical Leave Act (FMLA) leave, has viable claims even though his doctor did not timely certify the absences for FMLA leave, a federal district court ruled. The plaintiff worked for Lewis Brothers,…

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Red Flag: When An Employee Raises ADA Issues During Disciplinary Meetings

The need to consider Americans with Disabilities Act (ADA) accommodations can happen at any time during the employment relationship. Generally, an employee will ask for an accommodation before problems with performance emerge. Sometimes, however, an employee decides to notify you of the need for an accommodation when an investigation is underway, when they are being disciplined, or…

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Supreme Court to Address Sexual Orientation Discrimination

The U.S. Supreme Court has agreed to consider a trio of cases addressing sexual orientation discrimination next term, answering two contested questions that have split the courts. Specifically, the justices will consider whether Title VII’s ban on sex-based discrimination prohibits discrimination based on sexual orientation and whether the statute prohibits discrimination against transgender plaintiffs based…

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Do’s and Don’ts of Conducting Internal Investigations

In today’s post #MeToo era, most companies, big or small, will likely need to conduct an internal investigation on an employee’s claims. Knowing how to conduct a successful internal investigation will help a company protect itself. Not only do internal investigations help avoid litigation, they may also improve employee morale, increase productivity, and oftentimes, end…

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