Are There Legal Issues for Telecommuters?
Yesterday we looked at some research about the widespread nature of telecommuting. Today we’ll take a look at BLR’s guidance on legal issues revolving around telecommuting.
Tag: ADA
Digital Diabetes Solutions Can Play Valuable Role in Workplace Diabetes Interventions, Says Report
Digital diabetes solutions are not a panacea but can offer employers valuable assistance in combatting diabetes among their populations, says a new report from Northeast Business Group on Health (NEBGH). The report, “Digital Diabetes Solutions in Action: An Opportunity Study,” profiles a pilot program begun within a segment of employees at Mount Sinai Health System […]
Is Retroactive Leniency a Reasonable Accommodation for Kansas Employee?
Does an employer have to overlook past mistakes that were made because of an employee’s disability? The U.S. 10th Circuit Court of Appeals— which covers Colorado, Kansas, New Mexico, Oklahoma, Utah, and Wyoming—recently heard such claims.
Mississippi Employer’s Inconsistent Discipline Warrants Jury Trial on ADA, ADEA Claims
A federal trial court in Aberdeen, Mississippi, recently declined to dismiss an employee’s wrongful termination claims under the Age Discrimination in Employment Act (ADEA) and the Americans with Disabilities Act (ADA). The court found the employer’s distinction between the conduct of the terminated employee and similar misconduct by a younger nondisabled employee who wasn’t terminated […]
Manager Claims Disability Bias after Employer Requires Psychological Evaluation
The U.S. 6th Circuit Court of Appeals—which covers Kentucky, Michigan, Ohio, and Tennessee—recently heard from a former Home Depot manager, claiming that he was discriminated against based on a “perceived” disability. The manager claims he was put on medical leave and required to undergo a psychological evaluation. The manager had made “threatening remarks” that could […]
EEOC Wellness Lawsuit Against Orion Ends in $100,000 Settlement
A federal challenge to a Wisconsin energy company’s employee wellness incentive was resolved April 5 with a $100,000 settlement. A federal court had thrown out the U.S. Equal Employment Opportunity Commission’s (EEOC) claim that the program violated the Americans with Disabilities Act (ADA), but allowed the EEOC’s related ADA retaliation and interference claims to proceed.
Employer’s Past Practices Can Actually Expand Liability for Failure to Accommodate
In this case involving police recruits who were injured during training at the Los Angeles Police Department’s (LAPD) Police Academy, the court confirmed that an employee may not be a qualified individual for purposes of a discrimination claim but may be a qualified individual for purposes of a failure-to-accommodate claim. The case also illustrates how an employer’s past practices can affect the scope of its duties to disabled employees under the California Fair Employment and Housing Act (FEHA).
ADA and FMLA Best Practices Pay Off for Cash-Handling Company
The U.S. 5th Circuit Court of Appeals (which covers Louisiana, Mississippi, and Texas) recently upheld a jury’s verdict in favor of an employer on an employee’s lawsuit under the Americans with Disabilities Act (ADA) and the Family and Medical Leave Act (FMLA). The verdict was the result of several things the employer did correctly in response to the employee’s medical issues. This case is worth another look.
Ask the Expert: Can We Terminate Employee with No Return to Work Date?
Question: What’s the appropriate process for terminating employees without a return-to-work date and no Long-Term Disability (LTD)?
Was Attendance an Essential Job Function for AT&T Customer Service Rep?
An AT&T customer service representative (CSR) recently filed a lawsuit against her employer citing disability discrimination, but the employer, citing attendance as an essential job function of her position, claimed she was terminated for her frequent absences. Was the employee discriminated against? The 6th Circuit Court of Appeals—which covers Kentucky, Michigan, Ohio, and Tennessee—has the answer.