Practical HR Tips, News & Advice. Updated Daily.
by James M. Leva, JD, Day Pitney LLP The New Jersey Appellate Division recently ordered a new trial to determine whether an employer failed to engage in the interactive process and accommodate an employee who was terminated after he complained about headache pain.
by John S. Gannon Employers routinely ask employees to provide adequate documentation demonstrating that they can perform the essential functions of a job. That documentation may come in the form of physical or mental examinations—commonly referred to as fitness-for-duty examinations. However, problems arise when an employer disagrees with the physician who certifies the employee as […]
Question: We have an employee on short-term disability (STD) with a doctor’s note stating he is not fit to return to work. However, we have recently learned the employee is performing work around his farm. Is there anything we need to be doing differently administratively?
In EEOC v. Orion Energy Systems, Inc., a federal district court considered a challenge to an employer’s wellness incentive program. As explained in part 1 of this article, the court rejected the company’s contention that the Americans with Disabilities Act’s (ADA) safe harbor for benefits administration should apply.
Did you know that the American Association of Retired Persons (AARP) has initiated a lawsuit against the Equal Employment Opportunity Commission (EEOC)? If you’re not already in the know about this, it may seem like an unlikely event, given that the two organizations are typically on the same side in matters related to employee rights. […]
In hearing a recent federal challenge to an employer’s wellness incentive program, a court rejected the company’s contention that the Americans with Disabilities Act’s (ADA) safe harbor for benefits administration should apply. However, the court dismissed the U.S. Equal Employment Opportunity Commission’s (EEOC) claim that Orion Energy Systems Inc.’s incentive violated the ADA, even though […]
Employers continue to face both federal charges and private lawsuits over policies that require workers to be fully healed from injuries before returning to work. According to the U.S. Equal Employment Opportunity Commission (EEOC), this means employers aren’t aware of their accommodation responsibilities under the Americans with Disabilities Act (ADA).
Usually, an employee bears responsibility for informing her employer that she requires a workplace accommodation. But sometimes, when an employer is aware that the worker needs assistance, it must accommodate even if the employee never asks for help.
by Zachary Morahan and Shannon Kane, Coughlin & Gerhart, LLP To be eligible for Social Security disability (SSD) benefits, an individual must be unable to perform “past relevant work.” To be eligible to sue for disability discrimination under the Americans with Disabilities Act (ADA, an individual must be able to perform the essential functions of […]
We recently looked at some issues that arise when the Americans with Disabilities Act (ADA) and leave laws overlap (see ADA Leave Issues: Attendance Bonuses, COBRA, and More). Today, we’ll address some common misconceptions about the law.