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Disabilities

EEOC Settles with Mining Firm Over ADA Violations

October 23, 2012
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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Fast-Food Franchisee Settles ADA Charges Brought by EEOC

October 11, 2012
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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No Call, No Show, No FMLA

September 18, 2012
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
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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