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Disabilities

EEOC Opines on Domestic Violence, Sexual Assault, or Stalking as Title VII and ADA Violations

October 25, 2012
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While Title VII and the Americans with Disabilities Act do not expressly protect victims from discrimination, they do protect against employers' use of stereotypes rooted in protected classes (e.g., sex or mental illness) to treat these employees differently.
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More on Telecommuting as a Reasonable Accommodation

October 23, 2012
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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 telecommuting more feasible.
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EEOC Settles with Mining Firm Over ADA Violations

October 23, 2012
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The Equal Employment Opportunity Commission said Rocky Davis, who has profound hearing loss, had asked Birmingham, Alabama-based Jim Walter Resources, a unit of Walter Energy Inc., to accommodate him and assign him to another location, but the firm failed to honor his request.
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Ethnic Disparities Found in Compensation for Injured Construction Workers

October 16, 2012
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The study of 1,039 cases does not explain the reason for the disparity, although the researchers said bias or prejudice are a possibility, as are differences in knowledge about how the compensation system works.
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Fast-Food Franchisee Settles ADA Charges Brought by EEOC

October 11, 2012
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In the suit filed in April against Waco, Texas-based CTW L.L.C., which does business as Wendy's, the EEOC alleged that the company violated the Americans with Disabilities Act of 1990 by denying job applicant Michael Harrison employment at its Wendy's franchise in Killeen, Texas, after learning of his hearing impairment, the EEOC said Oct. 10 in a statement.
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Turkey Processing Company Must Pay $1.3 Million to Disabled Workers for 'Severely Substandard' Wages

September 20, 2012
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On Sept. 18, Judge Charles R. Wolfe of federal district court for the southern district of Iowa in Davenport ordered Hill Country to pay $1.3 million to workers for jobs they performed under contract at a turkey processing plant in West Liberty, Iowa, between 2007 and 2009, according to the Equal Employment Opportunity Commission.
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No Call, No Show, No FMLA

September 18, 2012
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While it sometimes seems as if employees hold all the high cards in the FMLA poker game, as this case makes clear, employers are within their rights to enforce neutral attendance policies against employees who fail to follow their rules. Now, go check your policies to make sure they contain these types of notice and call-in rules.
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Testing Employees for Legally Prescribed Medications Must be Done Carefully

September 11, 2012
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In the Dura Automotive case, the employer tested all of its employees for prescription medications, regardless of their job duties. This across-the-board testing runs afoul of the ADA. If you have safety-sensitive positions, in which employees will pose a direct threat by performing their essential job functions while impaired, then you may be able to test those employees for legally-prescribed medications.
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Transfer Preferences to Vacant Positions as an ADA Reasonable Accommodation Continue to Baffle Courts

September 10, 2012
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When you don't hire the best person for an open position, it could lead a court to second-guess your judgment and question why a member of a protected class was overlooked. Recognize, however, that this issue is unsettled, and declining to accommodate a disabled employee by transferring that employee to an open position could result in a violation of the ADA.
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How Long is Too Long for a Medical Leave of Absence?

September 5, 2012
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If you are granting a leave to an employee as an accommodation, your best defense to a potential ADA claim is to open a dialogue with the employee about a return date, and prepare to be flexible.
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