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Idaho

Yes, coming to work is an essential function

01/02/2018

Under the California Fair Employment and Housing Act, workers with disabilities are entitled to reasonable accommodations. But once their employers have accommodated them, they still need to meet the essential functions of their jobs.

Carefully document sudden performance slide

10/11/2017
Sometimes an excellent employee who has received great reviews and consistent raises exhibits a sudden performance decline. When that happens, be sure to carefully document the changes in his or her work.

Necessary psych exam doesn’t violate ADA

10/03/2017
Under some circumstances, an employer may be fully justified in requiring an employee to undergo a psychiatric or other medical exam. Doing so won’t violate the ADA if it is job related and consistent with business necessity.

9th Circuit: No free lawyer the second time around

10/03/2017
Courts generally bend over backwards to help plaintiffs who can’t afford an attorney when they try to represent themselves. However, once the case is over, that’s generally it.

Note business reason for demotion to prove it wasn’t discrimination or retaliation

10/03/2017
Before an employee can sue his employer for discrimination, he usually has to show that he was subjected to some sort of adverse employment action. Under the right circumstances, that can include being moved into a position the worker considers demeaning, such as being forced to work for someone he once supervised.

Off-site assault demands careful handling

10/03/2017
It goes without saying that you must handle with care any situation in which an employee accuses another of sexual assault. Any hint that you are treating the victim less favorably than the alleged perpetrator can lead to a hostile work environment claim.

Move on if employee won’t discuss ADA accommodation

08/21/2017
Employers are supposed to engage in the interactive accommodations process with disabled workers to arrive at workable accommodations. But what if the employee stops communicating with HR about suggested accommodations?

Being annoyed at work is no excuse to sue

08/02/2017
A federal appeals court has refused to reinstate a lawsuit based almost exclusively on complaints about common workplace annoyances.

9th Circuit: ADEA applies to all governmental agencies, even small ones

08/02/2017
This conclusion is the opposite of that reached by four other circuits. Governmental entities with fewer than 20 employees in the 9th Circuit should seek legal advice to ensure they understand their ADEA obligations.

Clearly spell out performance expectations

07/31/2017
Make sure your managers and supervisors clearly and formally communicate their performance expectations. A performance review that criticizes alleged poor work based on expectations that weren’t clearly communicated can become the basis for a lawsuit.