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Wal-Mart is facing a class action lawsuit alleging that its refusal to hire pharmacists whose licenses have been suspended violates the Americans with Disabilities Act. Wal-Mart recently implemented a policy of firing and refusing to hire pharmacy employees who have any history of adverse action against their licenses by a state pharmacy board, the suit […]
by Christopher J. Pyles Employers often face difficult challenges when they’re called on to determine if employees are “disabled,” especially when considering characteristics like height and weight. It’s up to you Under the Americans with Disabilities Act (ADA), a person is considered “disabled” if he has a physical or mental impairment that substantially limits one […]
Pregnant employees in New York City will soon be entitled to workplace accommodations, thanks to a bill the city’s council unanimously passed Sept. 24. While the Americans with Disabilities Act requires workplace accommodations for employees with disabilities, it does not consider normal pregnancy a disability. According to the bill, the change was necessary because of […]
By Eowynne Noble Peanuts, gluten, perfumes, smoke, and latex—we all know allergies to these and other substances are on the rise. And workplaces aren’t immune to the problem. More and more employees are suffering from allergies and sensitivities than ever before. To put it in perspective, Health Canada recently reported that up to four percent […]
The U.S. Department of Labor will finalize new Section 503 regulations Sept. 24, according to the Office of the Federal Register. The rules create several new responsibilities for federal contractors and subcontractors, including a mandate that they aim to have workers with disabilities make up 7 percent of their workforces. If the rules are published […]
An employee’s attorney must pay $5,000 for omitting important information in an Americans with Disabilities Act lawsuit, the 6th U.S. Circuit Court of Appeals ruled. In Kempter v. Michigan Bell Telephone Co. , No. 13-1036 (6th Cir. Aug. 26, 2013), the plaintiff’s attorney failed to mention that that his client, Cathie Kempter, had been permanently restricted […]
Yesterday, we looked at various issues relating to employees with allergies or sensitivities to various scents and smells. Today: Must you permit the scent-sensitive to work from home?
Federal contractors and subcontractors must soon meet a hiring goal for workers with disabilities, the U.S. Department of Labor announced Aug. 27. New regulations have been finalized that will, among other things, require contractors to ensure that workers with disabilities make up 7 percent of their workforces. In addition to the hiring goal, the rules require that […]
In requesting documentation to back up an accommodation request, employers should specify what types of information they are seeking regarding the disability, its functional limitations, and the need for reasonable accommodation. The employee can be asked to sign a limited release allowing the employer to submit a list of specific questions to the healthcare professional.
Federal courts are off to “a promising start” in issuing rulings under the ADA Amendments Act according to the National Council on Disability, an independent federal agency. NCD says that recent rulings are a substantial improvement over pre-amendments decisions in achieving the broad scope of coverage that Congress intended. That finding is part of an […]