Practical HR Tips, News & Advice. Updated Daily.
Yesterday, we looked at a recent case from the California Court of Appeals that considered the issue of whether an employer could require its employee to submit to a fitness-for-duty evaluation after it had restored her to her job following an FMLA leave—even though the evaluation involved matters existing before the leave.
An employer group criticized the latest legal challenge to an employee wellness program filed by the U.S. Equal Employment Opportunity Commission. The commission alleges that Honeywell International, Inc.’s biometric testing incentive for employees and their spouses violates the Americans with Disabilities Act and Genetic Information Nondiscrimination Act. “This is an outrageous development, and one that […]
About one in four American adults suffer from a diagnosable mental disorder in any given year. Employers need to be aware of their obligations under the Americans with Disabilities Act (ADA), the Family & Medical Leave Act (FMLA), and comparable state laws regarding their employees’ mental health.
A second employer has been sued by the U.S. Equal Employment Opportunity Commission over its employee wellness program. Once again, the EEOC alleges that the company’s penalties for nonparticipation rendered the program involuntary, making it a medical inquiry prohibited by the Americans with Disabilities Act. The latest case, announced Oct. 1, involved a plastics manufacturer […]
The 9th U.S. Circuit Court of Appeals Oct. 1 declined to rehear a case in which it held that attention deficit hyperactivity disorder is not a disability covered by the Americans with Disabilities Act. Matthew Weaving, a police officer, alleged that he was fired because of his disability. His ADHD amounted to a protected disability […]
The rise of social media has opened employers up to a wide range of new employment law risks. Everything from privacy issues to leave and disability concerns can come up when employees use social media. It only seems fitting to engage in a discussion about social media, using social media. On Wednesday, Sept. 24 at […]
A federal appeals court has vacated and agreed to rehear a recent opinion in which it held that permission to work from home can be a reasonable accommodation required by the Americans with Disabilities Act. In the now-vacated ruling, the 6th U.S. Circuit Court of Appeals departed from its precedent that “attendance” is almost always […]
There are many legal issues employers face during the interview process. Job interviews are a potential legal land mine for discrimination complaints and lawsuits. Numerous federal laws prohibit discrimination in hiring practices, including the interview process. For example: The Civil Rights Act of 1964, commonly known as Title VII, is the grandparent of employment discrimination […]
The first direct federal challenge to an employee wellness program’s legality under the Americans with Disabilities Act was filed Aug. 20 by the U.S. Equal Employment Opportunity Commission. The employer’s program did not qualify as “voluntary” under the ADA because the one employee who refused to participate was forced to bear the entire cost of […]
[Go here for the first part of the discussion on pregnancy discrimination] Requiring Leave May an employer require a pregnant employee who is able to perform her job to take leave at any point in her pregnancy or after childbirth? No. An employer may not force an employee to take leave because she is or […]