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While leave under the Family and Medical Leave Act can be troublesome for any employer, it is particularly disruptive for manufacturers, call centers and health care organizations whose operations depend on fixed schedules, according to a recent ComPsych Corporation white paper. FMLA absences are on the rise, says FMLA Source, a ComPsych company, and some […]
Employers have an obligation to keep employees safe. They also have an obligation to meet all other legal requirements while doing so. This statement seems simple enough, but it can become complex in a hurry. For example, is an employer potentially violating the ADA by forcing employees to undergo medical screenings that may uncover safety […]
Did you know that some employers may be violating ADA requirements when performing safety tests for OSHA? This may include testing employees to ensure that they can perform certain physical functions of the job. This may also include taking adverse actions only against employees who have a disability. Employers need to be careful. “Some employers […]
Federal employers and contractors may soon have new disability regulations to follow, two federal agencies have announced. Both the U.S. Department of Labor and the U.S. Equal Employment Opportunity Commission have said they will issue new regulations for the Rehabilitation Act of 1973, which prohibits discrimination in hiring and employment practices by the federal government […]
No-fault attendance policies may simplify the administration of attendance issues, but employers should be careful not to count absences protected by the Family and Medical Leave Act and the Americans with Disabilities Act. Otherwise, as a recent court case demonstrates, employers with such point-based progressive discipline policies risk being on the wrong side of an […]
What happens when OSHA compliance gets in the way of ADA compliance? For example, what happens if an employer fires someone (with proper process and documentation, of course) for unsafe behavior, only to discover that this person had an undisclosed medical condition that was causing the behavior? The medical condition qualified as a disability, which […]
The U.S. Department of Labor has filed a lawsuit seeking back wages and liquidated damages on behalf of a former Staples Contract and Commercial Inc. employee for alleged violations of the Family and Medical Leave Act. DOL filed suit after a Wage and Hour Division investigation found that the employer failed to notify an employee […]
In theory, “undue hardship” is a tool employers can use to refuse accommodations, says Attorney Lawrence P. Postol; however, employers shouldn’t count on ever being able to use it in the real world. Here’s the way these undue hardship situations work out. The employee requests a $1,000 desk as an accommodation. The cost of the […]
An employer will pay $88,500 to settle claims that it failed to provide the right accommodation to a worker with a disability, in violation of the Americans with Disabilities Act. The settlement resolves a lawsuit filed by the U.S. Equal Employment Opportunity Commission behalf of Jose Arteaga Rivas, a sheet metal mechanic who worked for […]
Reasonable accommodations are a pain and are subject to abuse, says Attorney Lawrence Postol, but litigation over the failure to provide accommodations, with a trial by jury, is a bigger pain and subject to greater abuse. Postol, who is a partner in the Washington, D.C., office of Seyfarth Shaw, LLP, offered his Americans with Disabilities […]