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Employers have expand job protections for military members and their families who need time off, to comply with regulations finalized by the U.S. Department of Labor Feb. 5. Major provisions, which implement changes to the Family and Medical Leave Act, include: Defining a covered veteran, consistent with statutory limitations, as limited to veterans discharged or […]
Employers in California must comply with a new set of rules that go above and beyond what the federal Americans with Disabilities Act requires. While ADA and its regulations do not explicitly require employers to participate in the interactive process of finding an appropriate accommodation for an employee with a disability, a failure to do […]
A corporate policy that does not include pregnancy among the conditions making an employee eligible for light duty is a “neutral and legitimate business practice,” not evidence of bias against pregnant workers, according to a recent court ruling that dismissed a UPS truck driver’s claim that she was the victim of pregnancy discrimination. Employers may […]
The Scooter Store will pay $99,000 to an employee whose disability it failed to accommodate, according to the U.S. Equal Employment Opportunity Commission. The company, a national retailer, refused to give an employee with psoriatic arthritis time off work and fired him. EEOC sued on his behalf alleging that the employer failed to accommodate his […]
Employers need to keep in mind that if an employee uses all of her allotted leave time under the Family and Medical Leave Act, it does not necessarily follow that she has lost her entitlement toward job protection. In fact, once an employee has exhausted FMLA or employer-provided leave, the employer must assess whether the […]
If an employee’s disability causes him to sexually harass co-workers, the Americans with Disabilities Act does not require the employer to turn a blind eye, the 2nd U.S. Circuit Court of Appeals ruled in McElwee v. County of Orange, No. 11-4366-cv (2nd Cir. Nov. 15, 2012). James McElwee, an individual with Pervasive Developmental Disorder, worked […]
While some employees with chemical sensitivity may be entitled to work from home, that remedy is not always available, the U.S. District Court for the Southern District of Ohio has ruled in Core v. Champaign County, 2012 WL 4959444 (Oct. 17, 2012). The court had ruled on July 30 in Core v. Champaign County that […]
A coal mine in Birmingham, Ala. will pay $40,000 to settle allegations it failed to reassign a worker with a disability, in violation of the Americans with Disabilities Act. Rocky Davis had hearing loss and was regularly assigned to an area of the mine that adversely affected his hearing aids, according to the U.S. Equal […]
Employers must consider transferring employees with disabilities so they can be close to medical care, the 10th U.S. Circuit Court of Appeals ruled in Sanchez v. Vilsack (No. 11-2118 (10th Cir. Sept. 19, 2012)). Clarice Sanchez worked as a secretarial employee for the U.S. Forest Service. When she fell at work, she sustained brain damage […]
A new bill would require employers to provide reasonable accommodations for pregnant employees just as they do for those with disabilities. The Pregnant Workers Fairness Act, S. 3565, is modeled after the Americans with Disabilities Act and borrows some of its language. In the same way that ADA requires accommodations for workers with disabilities, it […]