Tag: ADA

Old ‘Disability’ Definition Applies to Employee’s Injury, Says 10th Circuit

There is a growing legal precedent regarding when courts can evaluate an Americans with Disabilities Act claim under a new, broader disability definition: the adverse employment actions at issue must have occurred after the Jan. 1, 2009, effective date of the ADA Amendments Act. For an employee who allegedly was discriminated against in 2008, this […]

Key Wage-and-hour Language to Have in Your Employee Handbook

To prevent the consequences from imprecise employee handbook language,  employers should regularly review their handbooks and written policies. Since wage and hour lawsuits make up a significant part of  litigation, W&H provisions can make a difference as you draft or review your employee handbook. Wage-and-hour related provisions should include pay details, safe harbor and state […]

Court Rejects EEOC Guidance on Employee Alcohol Testing

An employer’s random alcohol testing of probationary employees did not violate the Americans with Disabilities Act, despite federal agency guidance to the contrary, a federal district court has ruled (Equal Employment Opportunity Commission v. United States Steel Corp., No. 10–12 (W.D. Penn. Feb. 20, 2013)). EEOC sued on behalf of a class of employees, arguing […]

Parental Leave Now Mandated Under Military Exigency FMLA

The Final FMLA rule makes four changes (or clarifications) to the listed qualifying exigencies, says Schoenfeld, Senior Legal Editor on BLR’s human resources team. Clarifies that, for the purposes of leave for childcare and school activities, the child must be the military member’s child or a child for whom the military member stands in loco […]

Inpatient Treatment for Alcoholism Protected Under ADA, FMLA

 Courts generally agree that an employee suffering from alcoholism has “a physical or mental impairment” — and, hence, a disability protected under the Americans with Disabilities Act. While an employer can deny employment to, discipline or discharge an alcoholic whose use of alcohol adversely affects job performance or conduct, ADA provides that an employee whose poor […]

Comfort Inn Settles Pregnancy Discrimination Suit for $27k

The owner of a Comfort Inn & Suites franchise will pay $27,500 to settle claims that it discriminated against an employee because she was pregnant. The case reminds employers to keep in mind that the law prohibits discrimination against pregnant employees, and that employers may need to accommodate them. Ramin Inc., which owned a Comfort […]

6 Bucks Back for Every Buck Invested in Wellness? Get on Board

Furthermore, Morris adds, your wellness program may get way more important under the Affordable Care Act. Morris, who specializes in benefits, is a member of the firm Epstein Becker Green in its Washington, D.C., office. Wellness Is Popular, But Hard to Define A recent survey found that 70.3 percent of 539 employer respondents reported offering […]

EEOC Settlements a Reminder ADA May Require Extended Leave as Accommodation

Two employers entered into settlement agreements with the U.S. Equal Employment Opportunity Commission in February after the federal agency alleged the companies had violated the Americans with Disabilities Act. Both employers, the commission said, fired employees who were entitled to leave as accommodations for their disabilities. The first involved Doneen King, an employee with the […]

Train Employees to Use the Internet Securely

The “2012 NCSA/Symantec National Small Business Study” (www.staysafeonline.org/stay-safe-online/resources) was conducted by the National Cyber Security Alliance (NCSA) and Symantec. The study found that 87 percent of small businesses have at least one employee who uses the Internet daily. In addition, 70 percent of owners/operators of small- and medium-sized businesses (SMBs) in the United States indicated […]