RSS icon

Top Stories

Disabilities

Has Workplace Drug Testing Gone to Pot With Legalized Marijuana?

April 9, 2014
Comments (0)
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.
Read More

It's Still Illegal Not to Hire Someone Because They Have HIV

March 24, 2014
Comments (0)
The Americans with Disabilities Act protects HIV as a disability.
Read More

Legal Briefing: Cancer and Accommodations

March 12, 2014
Comments (0)
Once an employer has knowledge of an employee’s disability, it must engage in an interactive process with the employee to determine if a reasonable accommodation exists.
Read More

Following Doctor’s Orders Helps Employer Win ADA Case

March 5, 2014
Comments (0)
If you legitimately cannot make an accommodation that meets the employee’s limitations, then the employee is not “qualified” under the ADA, and therefore unprotected by that law.
Read More

Is Obesity the Same as a Green Mohawk?

February 24, 2014
Comments (0)
Don't take appearance into account when making employment decisions. Hiring and firing should be image-blind, performance-only decisions.
Read More

Legal Briefing: Comment Key to Discrimination Case

February 11, 2014
Comments (0)
Employers must ensure managers are sensitized about the issues of responding to questions about decisions by employees to avoid the appearance of improper motive.
Read More

The Expanded Definition of Disability

February 9, 2014
Comments (0)
The EEOC’s move to broaden the number of people who may be entitled to ADA protections could increase an employer’s risk of a lawsuit.
Read More

Avoiding the ‘Bermuda Triangle’ of Employment Law

February 4, 2014
Comments (0)
The so-called “Bermuda Triangle” of employment law is: workers’ compensation, the Family and Medical Leave Act, and the Americans with Disabilities Act.
Read More

Is Regular Attendance an Essential Job Function? It Depends.

February 3, 2014
Comments (0)
As a court recently pointed out, regular attendance is important in any job. Important, however, does not always equate to essential.
Read More

Are Temporary Impairments ADA-Protected Disabilities? You Bet.

January 28, 2014
Comments (0)
Disability discrimination cases no longer focus on whether an employee is legally disabled, but instead on whether an employer engaged the employee in the interactive process towards a reasonable accommodation.
Read More