Tag: ADA

Opioid Crisis: Keeping the Workplace Drug-Free and ADA Compliant

The opioid epidemic is affecting workplaces across the country. Because opioids can be lawfully prescribed (but are increasingly abused), employers must tread carefully when taking adverse action against opioid users to avoid running afoul of the Americans with Disabilities Act (ADA). “Recovery-friendly” workplaces may provide an alternative solution to help combat the crisis, but that […]

maternity

Is Telecommuting a Reasonable Accommodation?

The 6th Circuit Court of Appeals—which covers Kentucky, Michigan, Ohio, and Tennessee—recently heard a claim from an in-house lawyer who sued her employer for refusing to provide the accommodation she requested as a result of pregnancy-related complications.

Mariah Carey Won’t Let Bipolar Diagnosis “Define” or “Control” Her

Mariah Carey, known as an iconic singer-songwriter and a dramatic diva, disclosed to People magazine last week that she has bipolar disorder.  Although she was first diagnosed in 2001, Carey says she finally sought treatment recently after “the hardest couple of years [she’s] been through.” (Among her recent personal and professional issues, you may recall […]

telecommuting

Is a Telecommuting Program Right for Your Business? Legal and Practical Considerations

It’s Monday morning, seven inches of snow have accumulated outside and the weatherman predicts another five to come.  Do you shut down your business operations or require your employees to report to work?  For many HR professionals, the above hypothetical has become a reality as the past several months brought snowstorms in the Midwest, nor’easters […]

ADA

Recent 7th Circuit Case Highlights Best Practices for Accommodating Disabilities

Reasonable accommodations under the Americans with Disabilities Act (ADA) can be a difficult area for employers to navigate. A recent case from the U.S. 7th Circuit Court of Appeals—which covers Illinois, Indiana, and Wisconsin—provides a helpful example of how you should clearly spell out job requirements and qualifications so you can better respond to potential […]

Wellness programs

Employers Left in Wellness-Plan Limbo

In recent years, more and more employers have implemented wellness programs—employee participation programs that may include wellness education, health or fitness challenges, and even limited medical testing and preventive care requirements—to promote and encourage employee health and wellbeing. Through these programs, they hope to create a healthier workforce and reduce insurance costs.

ADA

First Things First: Court Outlines Test for ADA Interference Claims

At the end of September, the U.S. 7th Circuit Court of Appeals (which covers Illinois, Indiana, and Wisconsin), outlined—for the first time—the test for analyzing disability-based interference claims under the Rehabilitation Act and the Americans with Disabilities Act (ADA).

back injury

7th Circuit: The ADA is Not the New FMLA

In a recent decision, the U.S. Court of Appeals for the 7th Circuit—which covers Illinois, Indiana, and Wisconsin—ruled that granting an employee additional leave beyond what he’s entitled to under the Family and Medical Leave Act (FMLA) is not a “reasonable accommodation” under the Americans with Disabilities Act (ADA).