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A new Ninth Circuit Court of Appeal ruling highlights that you can’t threaten an employee with discipline, demotion, or discharge for exercising their rights under the Americans with Disabilities Act, including the right to an accommodation. Employee Taken Off “On-Call” Duty Brenda Brown was a Tucson, Ariz., police detective in the neighborhood crimes unit. When […]
Suppose an employee’s medical condition prevents them from performing their job. Instead of exploring whether a reasonable accommodation is available, you terminate the employee. And, not surprisingly, you wind up with a disability-bias lawsuit on your hands. But what if it turns out the employee wasn’t disabled in the first place? Can you still be […]
Deborah Wells was a bookkeeper for Clackamas Gastroenterology Associates, a medical clinic and professional corporation with four physician shareholders and directors and about 12 employees. When Wells was terminated, she sued the clinic under the Americans with Disabilities Act. The clinic responded that it didn’t have enough employees to be covered by the ADA. Join […]
Over the last few years, the U.S. Supreme Court has issued several rulings narrowing the definition of what constitutes a disability under the federal Americans with Disabilities Act (ADA). Now, the California Supreme Court has ruled that California’s Fair Employment and Housing Act (FEHA) affords workers broader protections than the ADA.
The California Supreme Court has handed down a new decision making it easier for disabled workers in California to sue their employers for job discrimination. The court ruled that under the state Fair Employment and Housing Act, an individual claiming workplace disability discrimination need only show that their disorder limits a major life activity. In […]
To save time and money administering employee benefits and payroll, a growing number of employers are turning to leasing—or outsourcing—employees rather than hiring them outright. In this special two-part series, we’ll look at whether employee leasing is right for you and explore some of its hidden pitfalls.
The Ninth Circuit Court of Appeals, which covers California, recently issued a pair of opinions highlighting disability discrimination issues that employers often stumble over in the hiring process.
Suppose a former employee applies for a position with your company. You check their personnel record and discover the person was terminated. Following standard company procedure not to rehire previously discharged employees, you reject the person’s application outright.But the applicant turns around and sues you under the federal Americans with Disabilities Act, claiming you really […]
The U.S. Supreme Court recently released a double feature for employers, publishing two decisions with significant workplace implications. Read on to learn about what these cases mean to you.
The Burlington Northern and Santa Fe Railroad Company will pay $2.2 million to settle a genetic testing lawsuit filed by the federal Equal Employment Opportunity Commission. The EEOC charged that Burlington Northern conducted genetic testing as part of a medical exam required of employees who had filed work-related carpal tunnel syndrome claims. Burlington Northern agreed […]