ADA

Be careful rescinding offer after medical exam

12/18/2017

Employers that withdraw a job offer following a pre-employment medical examination risk being sued. Counter by being able to point to a specific task or set of tasks the exam showed would be impossible for the applicant to perform.

How long must a light-duty reassignment go on?

12/13/2017

Q. An employee returned after a work-related injury with doctor restrictions. We put her in a light-duty job, but it’s been more than 90 days with no end in sight. She works a full eight-hour day, but not in the job we hired her for. What can we do?

Prepare to explain necessity of medical exams

12/13/2017

Employers that require all employees to undergo medical exams either annually or following injury or illness may have a hard time justifying their policies under the ADA.

ADA interactive accommodations process not required—if employee isn’t disabled

12/06/2017

Employers are supposed to engage with disabled workers and applicants in the ADA’s interactive accommodations process in order to arrive at reasonable accommodations. But what if the employer refuses—and it turns out the employee wasn’t actually disabled?

A matter of balance: Medical marijuana, the ADA and drug testing

12/04/2017

In Pennsylvania, case law says employers should balance an employee’s privacy interests against the need for random drug testing.

Are brutal hours really essential to the job? Failure-to-accommodate suit could test that

11/29/2017

In many organizations, it’s expected that exempt employees will routinely have to work more than the standard 40-hour workweek. What happens if an employee who has previously worked those long hours suddenly becomes disabled and can no longer put in 10 or 12 hours per day?

‘Boss-ectomy’ not what FEHA doctor ordered

11/29/2017

Under the California Fair Employment and Housing Act, employees who say they can’t work under a particular supervisor are not deemed to be disabled. Therefore, they aren’t entitled to any accommodation.

Reassignment can be post-FMLA accommodation

11/21/2017

When a disabled employee wants to return to work, limitations may make it impossible for him to do his old job. If so, it may be reasonable to either grant more leave or reassign the employee—or both.

When disabled employee tests positive, prepare to dig deep into prescription history

11/15/2017

Does your organization test employees you suspect are under the influence of drugs and alcohol at work? If so, make sure you understand your obligation to disabled employees who may have been prescribed medications that can trigger a positive drug test response.

Was disability bias behind Lowe’s manager demotion?