should employers conduct employee valuations?
What are the risks of poorly drafted performance evaluations? What should employers do to avoid when they
are in the position of giving a negative review? Who should conduct an employee's
On September 30, 2010, the Equal Employment Opportunity
Commission (EEOC) filed suit against the U.S. Steel Corporation and the United
Steelworkers of America, Local 1557, claiming that U.S. Steel's random alcohol
testing policy, authorized under its collective bargaining agreement with the
The final regulations and
accompanying interpretive guidance implementing the Americans with Disabilities
Act Amendments Act (ADAAA) were issued today by the Equal Employment
by the EEOC , the ADAAA:
directs the EEOC to revise the portion of its
The Equal Employment Opportunity Commission has issued
regulations implementing the Americans with Disabilities Act Amendments Act
(referred to as the ADAAA or the Amendments Act), providing further
interpretive guidance for the statutory amendments. One of the central
purposes of the Amendments...
Last week I summarized the new ADA regulations issued by the EEOC;
therefore, I figured this week I would focus on some of the nuances of the
regulations that are worth keeping an eye on.
While it is clear the definition of disability is to be
construed broadly, the EEOC has also provided nine...
In a memorandum opinion dated April 27, 2011, United States
District Judge T.S. Ellis, who sits in the Alexandria Division of the Eastern
District of Virginia, taught plaintiff Stephanie Holmes that it was not a good
idea to change her story multiple times during her deposition. Finding that she
On this edition, Ashley Kasarjian of Snell & Wilmer's Phoenix, AZ office, discusses how recent EEOC regulations issued in March 2011 interplay with statutory changes to the Americans with Disabilities Act that became effective in early 2009. She reviews specific areas addressed by the regulations...
Eugene Stansberry, who sued his former employer for disability discrimination, is not disabled. His wife, however, is, suffering from Polyarteritis Nodosa , a rare and debilitating autoimmune disorder. Stansberry sued Air Wisconsin Airlines under the ADA's "associational discrimination"...
I feel as if all I ever do these days is write about the Americans with Disabilities Act, but what else can I do? In the last six weeks, the Equal Employment Opportunity Commission has filed 21 lawsuits -- count em, 21! -- against employers alleging disability discrimination.
This is in addition to...
Today we discuss an unfortunate result which I am sorry
to say was the result of a plaintiff's strategic error.
In Ramos-Echevarria v. Pichis, Inc. , 2011 U.S.
App. LEXIS 21302 (1st Cir. Oct. 21, 2011) [ an enhanced version of this opinion is available to lexis.com
subscribers / unenhanced...
The American Bar Association sponsored a webinar this
week on the Americans with Disabilities Act, which was noteworthy for its
inclusion of EEOC commissioners Chai
Feldblum (Democrat) and Victoria
I'm usually such a doom-and-gloomer when it comes to the
Hey, that blog title looks familiar. Oh yeah! I wrote
about it here back
This time around, another federal court, the Tenth
Circuit Court of Appeals, has reaffirmed that while a "leave of absence
may be a reasonable accommodation [under the Americans with Disabilities Act ]"...
Earlier this week, the EEOC published Veterans and the Americans with Disabilities Act (ADA): A
Guide for Employers . In this guide, the EEOC asks the following
May a private employer give preference in hiring to a
veteran with a disability over other applicants?
According to the agency...
On August 22, 2012, the U.S. Court of Appeals for the Sixth Circuit in Kroll v. White Lake Ambulance Authority , ___ F.3d ___, Case No. 10-2348, held that requiring an employee to undergo psychological counseling may violate the Americans with Disabilities Act.
The ADA states:
"A covered entity...
Last year, I railed against the Pregnant Workers Fairness Act , a bill
that, if passed, would require employers to make a reasonable accommodation for
an employee's pregnancy, childbirth, and related medical conditions. I argued
that the law does not need alteration because Title VII, through...
with Disabilities Act ("ADA") requires employers to make "reasonable
accommodations to the known physical or mental limitations of an otherwise
qualified individual with a disability." 42 U.S.C.A. §
12112(b)(5)(A). To determine an appropriate accommodation employers...
by Lindsay M. Bouffard
Marissa Mayer, Yahoo's recently appointed CEO, has come
under fire for her decision to end Yahoo's telecommuting program. This drastic
measure has Human Resources professionals wondering whether a blanket ban on
telecommuting could have legal ramifications. Under...
A couple of week ago I wrote about why the ADA likely protects against obesity as a disability (thank you Wall Street Journal Law Blog for the linkage).
If the ADA is starting to protect physical characteristics such as weight, what about height? McElmurry v. Arizona Dept. of Agriculture (D. Ariz...
Two lawsuits filed in the past 11 days by the EEOC serve as a reminder that the mandatory “interactive process” under the Americans with Disability Act requires the employer to at least discuss whether there is an appropriate reasonable accommodation. There is not, however, any requirement...
Last Friday, I had the pleasure of speaking at the National Employment Lawyers Association - New Jersey Annual Conference.
I must admit that I was a bit leery. While it sounded legitimate enough -- they asked me to speak on a panel addressing accommodation issues under the Americans with Disabilities...