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The U.S. 10th Circuit Court of Appeals (whose rulings apply to all New Mexico employers) recently affirmed the dismissal of an employment discrimination lawsuit against a private corporation serving the Navajo Nation, finding it constituted an “Indian tribe” and was thus excluded from the legal obligations of Title VII of the Civil Rights Act of […]
One of the unusual features of the Americans with Disabilities Act (ADA) is that it includes a provision prohibiting discrimination “because of the known disability of an individual with whom [the employee] is known to have a relationship or association.” A recent decision by the U.S. 7th Circuit Court of Appeals—which covers Illinois, Indiana, and […]
Any Real Housewives fans out there? I’m not ashamed to admit that I sometimes (with shocking frequency) set aside my Wall Street Journal and Brendon Burchard books on high-performance business habits to engage in a slightly less lofty use of my downtime. Although the ladies of Beverly Hills reign supreme in my book, the housewives […]
The Equal Employment Opportunity Commission (EEOC) has updated its technical assistance Q&As, answering additional questions about the effect of the COVID-19 pandemic on federal employment laws the agency enforces.
Despite the COVID-19 global pandemic, businesses remain vulnerable to physical and digital accessibility claims and to being targeted by serial plaintiffs alleging violations of Title III of the Americans with Disabilities Act (ADA).
With the growing concern over coronavirus, last week the Equal Employment Opportunity Commission (EEOC) released “What You Should Know About the ADA, the Rehabilitation Act and the Coronavirus.” The short article notes that the agency’s standard pandemic guidance identifies “relevant established principles and answers questions frequently asked about the workplace during Coronavirus-like events.”
Imagine two résumés showing equally desirable qualifications. One belongs to a thin applicant and the other to an applicant viewed as overweight. Which candidate gets the job? An even more intriguing question: What if the heavier applicant had a more impressive résumé than the thinner candidate? Which candidate would get the job in that case?
By now, most employers with at least 15 employees have a general familiarity with the Americans with Disabilities Act (ADA). That said, what does or does not—constitute a “disability” under the ADA may not be as clear. This is especially true when it comes to disabilities that are mental, rather than physical, in nature. One […]
Most HR teams are aware of their responsibilities under the Americans with Disabilities Act (ADA) and Americans with Disabilities Amendments Act (ADAA). They understand that they’re required to utilize an interactive process when configuring reasonable accommodations for anyone who qualifies and that many conditions, including mental health conditions, easily qualify.
Question: An employee who was working restricted duty as an accommodation under the Americans with Disabilities Act (ADA) was arrested and isn’t able to come to work until further notice. Can we fire the employee now for attendance reasons, or do we have to wait until he is out of jail?