LexisNexis® Legal Newsroom
HR Cheatsheet: When an Employee Texts You From an Ebola Quarantine Tent

Five minutes ago, after taking the obligatory selfies and between games of Candy Crush, one of your employees texted (because, calling in, as if!) from an Ebola quarantine tent to alert you that she will be out of work for 21 days, while under observation for Ebola. As an employer, what are your obligations...

Beacon Hill and Mayor Walsh At War Over Disability Ramps

It’s a classic Boston neighborhood turf battle. Mayor Martin Walsh, the Irishman from Savin Hill vs. the Brahmins of Beacon Hill. The nature of the dispute: sidewalk ramps in Beacon Hill for the disabled. Boston Mayor Marty Walsh is fed up with some of Beacon Hill residents’ long time...

Ditch Those Inflexible Leave Policies, Would You Already? #FMLA #ADA #EEOC

Yesterday, with my good buddies Casey Sipe and Jessica Miller-Merrell from Blogging4Jobs.com , I presented a webinar on the interplay between the Family and Medical Leave Act, state workers’ compensation laws, and the Americans with Disabilities Act. The key word in the last sentence being “...

Hang Tight, Employers — EEOC’s Proposed Wellness Rule Is at the OMB

The EEOC’s much-awaited proposed rule on employer wellness programs, the Americans with Disabilities Act, and the Genetic Information Nondiscrimination Act may finally be on its way. According to Law360 , a proposed rule has been approved 4-1 by the Commission, and is being reviewed by the Office...

ACOEM Guidance on Marijuana in the Workplace: Keeping Employers Sane Amidst the Reefer Madness

Karen C. Yotis, Esq., a Feature Resident Columnist for the LexisNexis Workers’ Compensation eNewsletter , provides insights into workplace issues and the nuts and bolts of the workers’ comp world. For a Schedule I drug with no currently accepted medical use (at least according to the United...

Title III, Service Animals, and Other Accommodations

It seems like Title III ADA questions are coming up more and more often these days. I wrote about the basics of Title III a while back , and figured it is time to post on it again. Typically when a company has questions relating to its obligations under the ADA, the questions relate to the company’s...

58,000 Reasons to Consider Telework as an ADA Reasonable Accommodation

Telework is among the array of possible reasonable accommodations under the Americans with Disabilities Act that may enable an employee with a disability to perform the essential functions of the job. Now, as a federal appellate court confirmed last month, there are situations in which telework is...

Defining the Three-Headed Associational Disability Claim

You likely know that the ADA protects employees from discrimination “because of the known disability of an individual with whom the qualified individual is known to have a relationship or association.” But did you know that the ADA has three different theories to define this associational...

Your Employee Has a Fragrance Allergy. What Does the ADA Require You to Do?

This can be a really difficult situation. Just ask a local Pennsylvania employer. In Brady v. United Refrigeration, Inc. (opinion here ) [an enhanced version of this opinion is available to lexis.com subscribers] , the plaintiff suffered from heightened sensitivity to perfumes, fragrant chemicals...

Medical Marijuana as a Reasonable Accommodation?

Yesterday, I blogged about the Colorado Supreme Court's decision that an employer could terminate an employee for medical marijuana use despite a state statute forbidding employment termination for "lawful" off-duty conduct. The decision did not specifically address whether off-duty medical...

Update Your Job Descriptions. Because, Americans with Disabilities Act

A friendly reminder that, just because your job description might say what an employee is supposed to do, doesn’t mean that’s what your employee actually does. And, in an Americans with Disabilities Act case, here’s why that matters… In Shell v. Smith , the plaintiff worked...

United Airlines Pays Over $1 Million To Settle EEOC ADA Suit

United Airlines recently agreed to pay over $1 million to settle a long-running suit filed by the U.S. Equal Employment Opportunity Commission (“EEOC”) charging United with violating the Americans with Disabilities Act (“ADA”) by denying disabled employees reassignment to a vacant...

The Americans with Disabilities Act Celebrates Advancing Equal Access for 25 Years

by Sam Hernandez Signed into law by President George H.W. Bush on July 26, 1990, the Americans with Disabilities Act (ADA) has developed into a significant component of the employer-employee relationship. Described as the world’s first most comprehensive declaration of equality for people with...

Six Things About the ADA That Even an Employer Can Love

Dear Americans with Disabilities Act, How time flies — you’re already 25 years old! I have seen many lovely tributes to you this week, and a couple of my favorites are here and here . I hope you don’t mind one more from me. When President George H.W. Bush signed you into law in...

The Outdoor Worker Who Couldn’t Work in the Sun Lost His ADA Claim

Not literally in the sun. Only Superman could do that. Or maybe some of those X-Men. Well, you get the idea. The lede, up to the word “sun.” Yesterday, I read this federal court opinion about an employee who was hired to work outdoors during the day. Unfortunately, during the...

ADA Website Cases Filed in Federal Court in Pittsburgh, With More Likely to Follow

Is Your Website Accessible to the Disabled? A new wave of ADA website lawsuits is anticipated to be filed in federal district courts around the United States against retailers, banks, hospitals, universities and all other places of public accommodation that operate websites. In the past three...

Reassignment as a Reasonable Accommodation Under the ADA

by Mark G. Jeffries I was recently asked if an employer has to assign a qualified employee with a disability to a vacant position as part of the employer’s duty to reasonably accommodate the disability. The employer believed that, if he had a vacant position and the disabled employee was qualified...

Beware Blanket Exclusion Policies Under the ADA

Nicholas Siewertsen, deaf since birth, sued The Worthington Steel Company, claiming that it discriminated against him when it banned him from performing any job requiring him to operate forklifts or cranes. From the time of his hiring in 2001 until the ban in 2011, Siewertsen operated forklifts...

A Job Duty Performed 5% of the Time Is Probably Not ADA-Essential, You Guys

The Americans with Disabilities Act requires employers to provide a reasonable accommodation, upon request, to an individual with a disability to enable that person to perform the essential functions of the job. Oftentimes, the questions arises: What are the essential functions of the job? The essential...

ADA and Accommodating Peanut Allergies at Work

Well, damn. To those who you who receive my blog posts via email , I’m sorry. Yesterday, we had some technical difficulties and my card check post didn’t make it into your inbox. I realize that for some of you — ok, all of you — my blog posts are an icy-cold bottle of beer...

Accommodation of Mental Impairments Under the ADA

by Jami K. Suver According to a 2011 publication of the Centers for Disease Control and Prevention (CDC), “Mental illnesses account for a larger proportion of disability in developed countries than any other group of illnesses, including cancer and heart disease.” The study noted that...

Alcoholism and the ADA

USC recently fired its head football coach for allegedly missing practice, only to show up later to a special teams meeting drunk. Sometimes current events serve as good reminders of employment law issues. Let's quickly review alcoholism and the ADA. The EEOC has provided some helpful guidance :...

Attendance May Be an Essential Job Function Under the ADA. But, How Do You Know?

The regulations to the Americans with Disabilities Act include a non-exhaustive list of reasonable accommodations that may apply to allow an employee with a disability to perform the essential functions of the job. They include job restructuring; part-time or modified work schedules; reassignment to...

Illustrating the Importance of Training Your Employees on the ADA

By now you’ve likely heard the story about the blind college student denied service by a Cleveland-area bakery because she was accompanied by her seeing-eye dog. Rather than vilify this establishment (which, god knows, has been done enough on Facebook , and Yelp , and just about everywhere else...

National and State-by-State Workers' Comp News Powered by Larson's (5/15/2016)

WCRI Publishes New Study on Ambulatory Surgery Centers . FDA Issues Three New Draft Guidances for Compound Drugs . EEOC Issues New Guidance on Employer-Provided Leave, ADA . AK: WCB Discusses Budget, HB 214 Workers Comp Appeals Commission . AZ: ICA to Hold Hearing on One-Half Percent Assessment...