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.Read More
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.Read More
The only way to create an ethical workplace is by rewarding the right behavior—even if it means losing business.
University of Kentucky student Megan Woodard is a member of a fundamentalist Baptist church whose members believe women should not dress like men, including refraining from wearing pants, according to the EEOC.Read More
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.Read More
Employers seem to have forgotten how to accommodate, and people are quick to lay blame at the feet of companies. Yet, teaching how to accommodate starts at home.Read More
Ashanti McShan was assured she could wear a skirt to work, but when she arrived at work for orientation, store management told her she could not do so, and she was told to leave the store. McShan is a Pentecostal Christian, a denomination that requires women to wear only skirts or dresses. Read More
The Equal Employment Opportunity Commission is acting for a Texas mother who was fired days after she asked her employer about a room to pump breast milk. A judge ruled that after the woman gave birth the former employee 'was no longer pregnant and her pregnancy-related conditions ended.'
According to the ruling by the 7th U.S Circuit Court of Appeals in Chicago in Otto May Jr. v. Chrysler Group L.L.C., the Cuban-born May was the target of racist, xenophobic, homophobic and anti-Semitic graffiti that appeared in and around the company's paint department between 2002 and 2005.Read More
The EEOC said Wal-Mart fired Marcia Arney, a part-time clerk, from her position in its Carlsbad, New Mexico, store rather than trying to return her to her job after a medical leave related to her cerebral palsy.Read More