Most employers are aware that Title I of The Americans with Disabilities Act (ADA) and the Americans with Disabilities Act Amendments Act (ADAAA), prohibit employers from discriminating against applicants and employees on the basis of an actual, perceived, or record of disability. Many employers are also aware that the ADA/ADAAA requires them to provide reasonable […]
A Bitter Pill to Swallow? The EEOC on Prescription Drug Testing Policies
Does your company conduct pre-employment drug screening? Given the serious health and safety risks that prescription drug use and abuse pose in the workplace, it would certainly not be an unreasonable precaution. Is there a downside to drug screening — other than the expense and extra time? Yes, if you are not careful in how […]
How Do You Reconcile FMLA, ADA and Collective Bargaining Requirements??
Last week on The EmpLAWyerologist, we got a glimpse of when a Collective Bargaining Agreement may “trump” the FMLA’s provisions as to amount of leave time, eligibility, certification and similar issues. Click here if you missed it or would like to review. Those issues primarily centered around the rights of the employee taking leave. But […]
Special Post: 6th Circuit Reverses Its Decision on Telecommuting and the ADA–But Does it Change Anything?
This time last year (minus 12 days) the 6th Circuit Court of Appeals in EEOC v Ford revived an employee’s ADA claim, holding that telecommuting may be a reasonable accommodation under the ADA (and the ADAAA) and, specifically, that it may have been a reasonable accommodation for the specific employee in that case. You can find […]
FMLA, Fitness-for-Duty Certifications — and You
Meet Diligent Dan (hereinafter “Dan”). Dan had back surgery and has been out on FMLA leave for six weeks, He is due to return to work in another two weeks. Dan works as a Manager at Splendiforous Supermarket (Splendiferous”). Betty the Boss having recently decided to institute a new requirement, calls Dan and informs him […]