Unless an employee is absolutely unable to perform the essential functions of the job with (or without) reasonable accommodations, a medical diagnosis should never come into play as a reason for termination.Read More
Employee safety should always be the company's highest priority, and employers should follow CDC guidance and avoid knee-jerk reactions, no matter how provocative an employee's activities may be.
The moral of this story is to confirm, but don’t fish, when seeking medical information from an employee returning to work following a medical leave of absence.Read More
Since Congress expanded the definition of 'disability' in 2009, conventional wisdom has said that most medical conditions will qualify for protection under the ADA. This case sets the bounds of the exception.Read More
FMLA leave is federally guaranteed for a reason. Don’t mess with that reason by requiring work (albeit paid and at home) in lieu of bona fide leave of absence.Read More
Employers who have not accurately counted the number and type of employees within their organization by Jan. 1, 2015, could end up with unnecessary expenditures as a result of the Affordable Care Act’s employer mandate.
If a pregnant employee tells you that she will be unable to perform at some point in the future, wait until that time to terminate her. Read More
With compliance beginning as early as January 2015, employers should determine their number of employees under the regulations to determine when compliance is necessary.Read More
What about Title VII and the other ant-discrimination laws? Hobby Lobby does not answer these questions and leaves them to lower courts to interpret in future cases.Read More
University attorneys, who have vowed to appeal the ruling, have 14 days to file.