Tag Archives: ADA

The NFL’s Off-The-Field Woes Prompt Refresher on Employees’ Domestic Leave Rights

Ver la versión en español aquí The NFL season is underway, but the sound of fan euphoria has been drowned out by daily reports of reprehensible off-the-field conduct, including domestic violence. Unfortunately, it frequently takes a high-profile incident (or in this case, a series of incidents) to bring important societal issues to the forefront. In … Continue Reading

Bathroom Breaks & Decreased Productivity #HoldItIn2WinAPrize

Ver la versión en español aquí Employers have fairly wide discretion in terms of developing work rules designed to increase productivity and decrease time spent “slacking off.” But, if you believe the reports, one Chicago-based company may have gone too far. Apparently, WaterSaver Faucet Company has been experiencing a decrease in employee productivity. The perceived … Continue Reading

Encore Performances from Our Annual Labor & Employment Law Seminar to Start in the Fall

Ver la versión en español aquí May 1, 2014, was not a typical day in the office for us. We left our offices from across the state and headed to the Trump National Doral Hotel to join over 380 attendees at our 24th Annual Labor and Employment Law Seminar. Thanks to all the private and public … Continue Reading

Takeaway Lessons from One Employer’s Loss on FMLA Retaliation Claim

Ver la versión en español aquí The City of Hot Springs, Arkansas, found itself in hot water after not rehiring employee Wayne Jackson following his leave under the Family and Medical Leave Act (FMLA). Jackson had surgery and went on leave in January 2010. After using his 9 weeks of sick leave, he took 12 … Continue Reading

Hand Scanning and Religious Discrimination

While we would never disparage anyone’s sincerely held religious beliefs, we did not see this one coming.  The Equal Employment Opportunity Commission (EEOC) recently filed suit in federal court in West Virginia claiming that the use of a hand scanning time clock violated an employee’s rights under Title VII of the Civil Rights Act of … Continue Reading

A Busy Week at the Supreme Court – Three Important Decisions for Employers

In the past few days, the United States Supreme Court has issued three decisions that significantly impact employment law. We offer a brief summary of the Court’s decisions and how they impact employers. American Express v. Italian Colors. The case was not an employment law case and dealt with the less-than-sexy issue of arbitration clauses. … Continue Reading

EEOC Focuses on Plethora of Legal Issues Raised by Employer-Sponsored Wellness Programs

On May 8, 2013, the U.S. Equal Employment Opportunity Commission (EEOC) held a meeting with representatives from employers, advocacy groups and insurance providers to discuss issues raised by employee-sponsored wellness programs in the context of the Americans With Disabilities Act and Genetic Information Non-Discrimination Act as well as age, national origin, race and sex discrimination. … Continue Reading

FMLA Update: Revised FMLA Regulations Mandate Compliance With GINA’s Confidentiality Requirements

The revised regulations for the Family and Medical Leave Act (FMLA) require that records or certifications submitted for FMLA leave that contain genetic information and family medical history are subject to the confidentiality requirements of the Genetic Information Nondiscrimination Act of 2008 (GINA).  Click here for a link to GINA’s confidentiality regulations (29 C.F.R. §1635.9). … Continue Reading

FMLA Update: Leave Available to Care for an Adult Child

The Family Medical Leave Act (“FMLA”) provides eligible employees up to 12 weeks of unpaid, job-protected leave to care for a “son or daughter” with a serious health condition.  According to the regulations implementing the FMLA, “son or daughter” includes a minor child and a child “who is 18 years or older and incapable of … Continue Reading

Appeals Court Says ADA’s Safe Harbor Provision Permitted Medical Examination and Disability-Related Inquiries for Wellness Program Tied to Group Health Plan

The Eleventh Circuit Court of Appeals, which has jurisdiction over Florida, ruled on Monday that Broward County’s wellness program, which required employees to undergo a biometric screening and fill out a health assessment questionnaire, did not violate the Americans with Disabilities Act (“ADA”).  The ADA generally prohibits medical examinations and disability-related inquiries unless job-related and … Continue Reading

Is Being “Gun Shy” About Providing a Urine Sample an ADA Disability?: EEOC Opinion Letter Illustrates the Breadth of the ADA Amendments

Ever have stage fright when having to urinate in a public toilet?  Can’t offer a sample for that employment-related drug test?  The Americans with Disabilities Act (ADA) may protect such a condition and require the employer to offer a reasonable accommodation.   The Equal Employment Opportunity Commission (EEOC or Commission) recently issued an Opinion Letter on … Continue Reading
LexBlog