Archive for the ‘ADA’ Category

The Employment Law Horizon – What does 2017 hold for employers?

There has been no shortage of prognostication and opinion as to how the new Trump Administration will alter the legal landscape in numerous areas. Here, we look at five ways employers may be impacted as the new Administration begins to put its stamp on federal regulations and agencies that most impact employment law. The Future […]

 

Employee Performance and Disability: A Short Course on Evaluation Under the ADA

Act I:  The Problem Jason is a veteran middle school math teacher who has been in the classroom for more than twenty years. He has never been a strong teacher. The principal who worked with him for the bulk of his twenty-year teaching career was aware of Jason’s weaknesses, but failed to document them as […]

 

Pregnancy Guidance Seems to Require Light Duty For All

The EEOC’s pregnancy discrimination guidance issued July 14 affects more than just the rights of pregnant women in the workplace. Although nominally titled as an enforcement guidance regarding “pregnancy discrimination,”  the guidance potentially reaches beyond pregnant employees to employees with a disability regardless of cause. The EEOC’s guidance holds that impairments related to pregnancy may qualify for […]

 

Employers face new era of ADA compliance issues

A recent Fourth Circuit opinion and state laws like New Jersey’s new pregnancy accommodation statute highlight the new era of compliance issues facing employers dealing with worker medical situations. Accommodating issues of temporary disabilities and pregnancy-related impairments, and whether to provide leave or reduced job duties as accommodations lead the list of issues for 2014.  […]

 

Are E-Cigarettes A Reasonable Accommodation?

Much has been written in the last several weeks about the rise in popularity of electronic cigarettes (e-cigarettes).  States are proposing legislation to protect teens as well as prohibit use in public places.  But the answer to whether they are safe or not is not yet known.  With the rise in use, employers are already facing […]

 

Does HIPAA Apply to Employers?

The Health Insurance Portability and Accountability Act, better known as HIPAA, protects the privacy and security of patient health information.   A common question from human resource managers has been what is the impact of HIPAA on an employer’s ability to collect employee health information for purposes of workers compensation, Family and Medical Leave Act (FMLA), and […]