Practical HR Tips, News & Advice. Updated Daily.
By Lisa Berg, Stearns Weaver Miller Weissler Alhadeff & Sitterson, P.A. The U.S. 11th Circuit Court of Appeals—which covers Alabama, Florida, and Georgia—recently had to decide whether Dollar General violated the Family and Medical Leave Act (FMLA) or the Americans with Disabilities Act (ADA) when it terminated an employee based on its discovery during her […]
By Al Vreeland, JD, Lehr Middlebrooks Vreeland & Thompson, P.C. Since the Americans with Disabilities Act (ADA) was amended in 2008, the focus of ADA compliance has shifted from whether an employee has a disability (because everything now qualifies as one) to whether an employee’s disability can be reasonably accommodated.
By Cathleen S. Yonahara, Freeland Cooper & Foreman LLP A California Court of Appeal has found that an employer may be liable under the California Fair Employment and Housing Act (FEHA) for failing to accommodate a nondisabled employee’s request to modify his work schedule to care for a disabled family member. The court’s interpretation of […]
Recently the United States Court of Appeals for the Tenth Circuit issued a ruling in which the court suggested that a policy with a strict limit on medical leaves of absence might be enforceable. This ruling leads to many questions. For instance:
By Norasha L. Williams, JD, Cozen O’Connor Quite possibly as a direct consequence of what the Equal Employment Opportunity Commission (EEOC) describes as a “troubling trend” in the prevalence of employer policies denying or restricting the use of leave as a reasonable accommodation, the Commission recently issued guidelines emphasizing the necessity to offer leaves of […]
By Kate McGovern Tornone, BLR Editor Current and accurate job descriptions are your best defense to Americans with Disabilities Act (ADA) claims, speakers told attendees at the Society for Human Resource Management’s (SHRM’s) annual conference.
Today I was advised that an employee told one of his coworkers that he was sorry for working slow on a project; his explanation was that he has a blood clot in his leg and takes blood thinners. We are concerned about his safety and his ability to continue to perform his work. He does […]
An eligible employee’s daughter has been diagnosed with cancer at age 19. The daughter’s cancer would meet the Americans with Disabilities Act’s definition of disability. Even if the daughter’s cancer goes into remission, it will continue to meet the ADA’s definition of disability because the active condition substantially limits a major life activity—normal cell growth.
In yesterday’s Advisor, BLR® Senior Legal Editor Joan Farrell, JD, explained new rules for wellness programs under the Americans with Disabilities Act (ADA). Today Farrell discusses additional rules for wellness programs under the Genetic Information Nondiscrimination Act (GINA).
Wellness programs have taken root at many companies nationwide, viewed as a way to both nurture employees’ well-being and help the organization’s bottom line. However, certain regulations do apply for wellness programs. Today and tomorrow, we will hear the latest on these rules from BLR® Senior Legal Editor Joan Farrell, JD.