Workplace Violence: An Unfortunate Reality – Are You Prepared?
Mass shootings have been increasingly in the headlines in recent years, and many of these incidents have occurred in the workplace. Regardless of anyone’s politics, employers are having to face either the fear of, or the actual experience of, murder in their own offices, factories and schools. What steps should an employer take to keep…Read More
How Do We Handle Drug or Alcohol Impairment in the Workplace?
Here is a question we received via email from a company with multiple locations in different states: We are a manufacturing company with facilities in multiple states. We have had a number of incidents when supervisors have suspected an employee was impaired while working due to alcohol or drug use. We are particularly concerned about…Read More
There Are No ADA Protections for Unknown Disabilities
A recent case reiterates the point that, under the Americans with Disabilities Act, it is not possible for an employer to discriminate against an employee for a disability of which it did not know, and that it need not provide accommodations for the unknown disability. Moreover, an employer need not rescind discipline if it later…Read More
Why Do You Need a Handbook Disclaimer and What Should Be In It Anyway?
If you’re like most employers right now, you’re in the process of reviewing your Employee Handbook to see if it needs to be updated. A recent Alabama state court decision offers valuable lessons to all employers with employee handbooks (not just those in Alabama) on the importance of a properly drafted handbook disclaimer. Now, in…Read More
Congress Expands Protections for Pregnant Employees and Employees Who Are Nursing
On December 22, 2022, the 117th Congress passed with bipartisan support an omnibus spending bill, which includes two measures that expand rights for pregnant and nursing workers: the Pregnant Workers Fairness Act (PWFA) and the Providing Urgent Maternal Protections for Nursing Mothers Act (PUMP Act). President Biden is expected to sign the bill before the…Read More
Appellate Court Addresses How Much Information Employee Must Submit to Support an Accommodation Request
One of the many difficult issues employers face under the Americans with Disabilities Act (ADA) is determining what information a disabled employee must provide to an employer to trigger the employer’s duty to accommodate a disability. The U.S. Court of Appeals for the Eleventh Circuit addressed that question for the first time in Owens v.…Read More
When Is the Accommodation Duty Triggered?
The U.S. Court of Appeals for the Eleventh Circuit addressed this question under the Rehabilitation Act (which applies to federal agencies, contractors and subcontractors, but applies the same standards of analysis as the Americans with Disabilities Act), stating, “The type and extent of information that an employee must provide will depend, of course, on the…Read More
New Frontier in COVID-19 Vaccine Litigation
Despite President Biden’s recent declaration that the COVID-19 pandemic is over, litigation concerning employer vaccine mandates continues as employers face hurdles to ensure workplace safety and compliance with government mandates. Here we take a closer look at issues companies are facing more than two years into the pandemic, and how you may help your business…Read More
Can Non-Employers Be Sued for Interference with an Employee’s ADA Rights?
Addressing this “novel” question, the U.S. Court of Appeals for the Sixth Circuit answered: No. However – be careful – companies may be held liable under a joint employer theory. In Post v. Trinity Health-Michigan, a nurse was employed by a physician group that provided services to a hospital. Several months after suffering an accident…Read More
Unlimited Time Off Presents Hidden Challenges for Employers
We have increasingly been fielding inquiries from organizations that are looking to implement some version of unlimited time off for their employees. They saw that employees continued to be productive while working remotely during the pandemic, and they want to give them the flexibility to take time off as/when needed – provided the work still…Read More