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Jon Hyman
How long is too long for a medical leave of absence?

Last year, I suggested that the ADA has swallowed the FMLA for employee medical leaves : The recently amended ADA is expansive enough to cover most medical conditions . If most medical conditions are covered as disabilities, then most employees with...

Philip Miles
Burger King Faces Whopper of a Religious Accommodation Lawsuit - COTW #107

The EEOC served up a "whopper" of a religious accommodation lawsuit on a Burger King (see what I did there?). You can read the Complaint here . The employee's religion is a Pentecostal of Christian faith that requires women to wear only...

Edwin Hopson
Court Holds That Requiring an Employee to Undergo Psyhological Counseling May Violate ADA

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...

Ashley Kasarjian
Overbroad At-Will Disclaimers and Confidentiality Requests Are Being Challenged in Non-Unionized Workplaces

As I have commented on the positions the National Labor Relations Board has taken on social media policies in the recent past , I figured this article would be of interest to my blog readers. Originally published in my firm's Workplace Word Newsletter...

Jon Hyman
Are your policies updated to account for Ohio's new ban on texting while driving?

The statistics are enough to scare anyone from texting while driving: Drivers are 23 times more likely to crash while texting and driving. If you only take your eyes off the road for five seconds, at 55 mph, you've traveled the length of...

Eric Meyer
No ADA accommodations required for non-disabled employees

Last week, we had a two-part series on the interplay between the Family and Medical Leave Act and the Americans with Disabilities Act . The former clearly obligates employers to afford leave to an eligible employee to care for a sick child. But, what...