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Disabilities

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No Longer a Remote Possibility

November 19, 2014
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It is important for employers and employees to understand that courts are being more flexible in determining a reasonable accommodation.
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Legal Briefing: Worker Barks When He, Service Dog Are Sent Home

November 3, 2014
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Service animals may be a reasonable accommodation for a disability if the employer knows of the disability.
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EEOC Files Historic, Challenges Biometric Testing by Employers

October 30, 2014
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Although Obamacare allows employers to conduct biometric tests, the EEOC says such tests violate the Americans with Disabilities Act and the Genetic Information Nondiscrimination Act.
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'Honest belief' Isn’t a Defense to an FMLA Claim, Says Federal Court

October 24, 2014
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An 'honest belief' will not save an employer who denies an employee’s FMLA request without first exhausting all available avenues of communication and clarification with the employee.
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Cop Caught Sleeping on the Job Awarded $1M in ADA Lawsuit

October 21, 2014
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Unless an employee is absolutely unable to perform the essential functions of the job with (or without) reasonable accommodations, a medical diagnosis should never come into play as a reason for termination.
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Internet Use and Addiction as a Disability

October 20, 2014
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The more the Internet becomes entrenched in our lives, the greater the likelihood that employees will begin embracing ideas such as Internet addiction as a disability and the need for employers to consider and provide reasonable accommodations.
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Do Personality Tests Pass the ADA-Compliance Test?

October 14, 2014
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If you are considering using personality tests to screen applicants or current employees, tread carefully and not without the input of your employment counsel.
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Don’t Fire Employees After a Cancer Diagnosis

October 7, 2014
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The ADA protects cancer as a disability. Any employer that fires an employee after a cancer diagnosis is going to have big problems.
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The Wrong Way to Engage in the ADA Interactive Process

September 29, 2014
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Once an employer becomes aware of the need for a reasonable accommodation, the ADA obligates it to engage in an interactive process with the employee to identify and implement appropriate reasonable accommodations.
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Don't Try to Regulate Employee Off-Duty Alcohol Consumption

September 23, 2014
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Test randomly and test for cause. There is no need to regulate employees’ off-duty lives by requiring abstinence.
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