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Disabilities

EEOC Transforms a $1.39 Bag of Chips Into a $180,000 Settlement

July 7, 2014
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When the accommodation is so trivial (a $1.39 bag of chips), employers should strongly consider making the accommodation for an employee’s medical situation regardless of the scenario.
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The Hazy Issue of Marijuana in the Workplace

June 30, 2014
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Even with legalized pot laws on the books in 20 states, it’s still unclear how medical and recreational marijuana fits into workplace drug and alcohol policies.
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How Many Pre-Employment Medical Exams Does the ADA Permit?

June 30, 2014
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The answer is as many as reasonably necessary to determine whether the employee can perform the essential functions of the job with or without a reasonable accommodation.
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Federal Court Blows Up EEOC's Stance on Medical Leaves of Absence

June 6, 2014
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Employers should still think long and hard (and only after engaging in the interactive process) before denying an extended unpaid leave of absence under the Americans with Disabilities Act.
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Legal Briefing: Court Delivers FedEx Ruling on Hiring Decision

June 3, 2014
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When an employer inquires into an applicant’s medical condition as a condition of a job, the employer must focus on the individual job at issue.
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Employers Beware: EEOC Stepping Up Disability Discrimination Enforcement

June 2, 2014
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Ten of the 22 lawsuits filed or settlements reached by the EEOC in May included allegations of disability discrimination. That’s a .455 batting average, which is none too shabby in anyone’s book.
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How Flexible are our Workplaces?

May 7, 2014
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There is no excuse for an employer to not offer flexibility. If the employee isn’t performing, treat it as an indictment of that employee, not the flexibility policy.
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Don't Ask Medical-Related Questions During Interviews

April 29, 2014
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Questions about medical conditions during interviews taints the entire process.
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6th Circuit Recognizes Telecommuting as an ADA Reasonable Accommodation

April 23, 2014
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While telecommuting as a reasonable accommodation remains the exception, the line that separates exception from rule is shifting as technology makes work-at-home arrangements more feasible.
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When an Employee Can’t Return to Work After an FMLA Leave

April 22, 2014
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Just because an employee cannot return to work at the end of FMLA leave does not mean you can always terminate the employee. ADA obligations still exist.
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