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Disabilities

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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Has Workplace Drug Testing Gone to Pot With Legalized Marijuana?

April 9, 2014
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Until the courts sort these issues out, prudent employers should tread carefully and consult with their employment counsel before disciplining or firing any employees who are using legally prescribed marijuana away from work.
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It's Still Illegal Not to Hire Someone Because They Have HIV

March 24, 2014
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The Americans with Disabilities Act protects HIV as a disability.
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