ADA
How Positive COVID-19 Tests, Underlying Conditions Intersect with the FMLA
Employers face one key challenge in their efforts to ensure compliance with the Family and Medical Leave Act (FMLA) as well as the Americans with Disabilities Act (ADA) as the coronavirus pandemic extends into 2021. Our resources tell us that there’s virtually no case law in this area yet with respect to COVID-19. Still, those…
Read MoreWorkers Taking Suboxone, Methadone Protected by ADA, Feds Caution
Workers undergoing methadone, Suboxone or similar addiction treatments are protected from discrimination by the Americans with Disabilities Act (ADA), the U.S. Equal Employment Opportunity Commission reminded employers Nov. 16, announcing a lawsuit alleging such bias. The commission said it sued an Indiana-based transportation company for refusing to hire an applicant because of her Suboxone treatment for…
Read MoreCOVID-19 Related Litigation Surges: What Employers Can Do To Minimize Exposure
The much-anticipated surge of COVID-19 pandemic-related litigation has begun. As the pandemic continues to lay siege to the United States economy, claimants’ lawyers and government agencies have begun setting their sights on employers. In early May, we predicted an uptick in a variety of claims, including those relating to workplace safety, discrimination in furlough and…
Read More3 Steps to Prevent Discrimination Complaints
Claims can take a toll on an employer’s reputation, finances, culture and more — not to mention the effect on employees directly involved. While the U.S. Equal Employment Opportunity Commission reported a drop in charges received last year, the more than 72,000 filed show that discrimination and harassment complaints are still very much a concern for employers.…
Read MoreSenate Confirms 3 Commissioners, Maintaining EEOC’s Right-Leaning Quorum
The U.S. Senate this week confirmed the nominations by Republicans of three commissioners for the U.S. Equal Employment Opportunity Commission (EEOC). Keith E. Sonderling, deputy administrator of the U.S. Department of Labor’s Wage and Hour Division, was confirmed Sept. 22 with a term that expires July 1, 2024 with a vote of 52-41. Sonderling was nominated in July 2019,…
Read More3 Workplace COVID-19 Trends That Are Likely Here to Stay
The post-pandemic landscape may be a very different one, especially with respect to leave and accommodations, experts are saying. It’s a familiar scene for anyone who has spent time in an office: Leadership calls an all-hands meeting and droves of employees pile into the main conference room, dragging in chairs and getting cozy. But COVID-19…
Read MoreWhy Do Pay Gaps Persist for US Workers With Disabilities?
As the ADA approaches its 30th anniversary, we are taking a close look at employment issues affecting workers with disabilities. Stay tuned for related stories on recruiting, accommodations and more. The Americans with Disabilities Act (ADA prohibits a covered entity from discriminating against a qualified individual on the basis of disability in regard to employee compensation…
Read MoreBack to Basics: A Beginner’s ADA Road Map
Here is our second in a series of five columns dedicated to laying out the basics of federal employment laws. The ADA protects employees and applicants with disabilities from discrimination in the workplace, and employers must train managers to properly implement its requirements. Let’s start with a scenario. An ice cream parlor employee, whom we’ll…
Read More“Employees Cannot Mandate an Accommodation”
As the U.S. Court of Appeals for the Sixth Circuit found, an employee must engage in the reasonable accommodation process and must provide medical documentation that actually supports his reasonable accommodation request. In Tchankpa v. Ascena Retail Group, Inc., an employee with a shoulder injury demanded to work from home. The employer sought medical documentation, which…
Read MoreImpact on Outside Job Does Not Make an Accommodation Unreasonable
The U.S. Court of Appeals for the Fifth Circuit found that the employer offered a reasonable accommodation for an employee’s religious need, even though he argued the transfer offer was not reasonable. In Horvath v. City of Leander, a firefighter sought an exemption from the required TDAP vaccine on religious grounds. The city offered him two accommodations…
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