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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 […]
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 […]
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 […]
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 […]
True or False: An employer is free to fire a pregnant employee once she has exhausted all her leave under the Family and Medical Leave Act. The most accurate answer: It depends. The FMLA requires covered employers to provide up to 12 weeks of job-protected leave for the birth of a child. On the other […]
An employer may have to tolerate an employee’s constant tardiness if it is caused by a disability, the 2nd U.S. Circuit Court of Appeals indicated March 4 in McMillan v. City of New York, No. 11-3932 (March 4, 2013). The court remanded the case to the U.S. District Court for the Southern District of New […]
A job function can be “essential” for Americans with Disabilities Act purposes even if it is rarely performed, recent case law illustrates. To qualify for ADA’s job protections, employees must be able to perform all of their job’s essential functions, with or without a reasonable accommodation. “Essential functions” are defined as the fundamental job duties […]
A newly introduced bill would require the U.S. Department of Labor to follow a rule it wants to impose on federal contractors. DOL’s Office of Federal Contract Compliance Programs is in the final stages of a rulemaking that would require federal contractors to aim to have workers with disabilities make up 7 percent of their […]
A reasonable jury could conclude that an employer violated the Americans with Disabilities Act when it failed to hire a deaf lifeguard, said the 6th U.S. Circuit Court of Appeals, overturning a lower court’s decision. The case, Keith v. County of Oakland (2013 WL 115647, No. 11–2276 (6th Cir. Jan. 10, 2013)) involved Nicholas Keith, […]
The U.S. Department of Labor on Feb. 5 finalized a long-awaited rule ensuring that families of eligible veterans have the same right to job-protected FMLA leave as families of military service members. The final rule also ensures the rights of military families to take leave to attend to financial matters and other types of day-to-day issues […]