Employers frequently call with concerns about employees who self disclose an alleged disabling condition that is not readily apparent, and who claim substantial limitations as a result. The employer’s concerns center on when their duty to accommodate kicks in. Although we caution employers to consider such employee statements seriously and to at least initially presume an obligation to consider reasonable accommodation, the law ultimately places the burden on the employee to produce actual medical evidence of a disability and its impact on major life activities, as opposed to the employee’s mere opinion.
The National Labor Relations Board last week issued its new rule for union organization elections. The new rule makes several changes, most significantly shortening the time frame for conducting a union election, requiring the employer to provide employee email addresses and phone numbers to unions within two business days…
Late last week, the National Labor Relations Board changed the rules on employee use of the employer’s email systems for labor organizing. The Labor Board’s new rule is that employee use of email for union-related communications on nonworking time must “presumptively” be permitted by employers who allow employees access to the employer’s email systems.
When the Equal Employment Opportunity Commission released its latest regulations regarding the Americans with Disabilities Act, they made it clear that employers should be less concerned with determining which employee impairments qualify as a disability and, instead, focus their efforts on trying to provide reasonable accommodations so that employees can continue performing their essential job functions.
At this point, employers have become all too familiar with the new, aggressive enforcement agenda of the Equal Employment Opportunity Commission. The agency’s systemic initiative to root out alleged discriminatory employment practices has been well-publicized, and there are no signs that those efforts will be eased anytime soon. But the increase in such investigations has […]
An employer’s obligation to raise the issue of potential accommodations for religious discrimination under Title VII will soon receive clarification, as the U.S. Supreme Court is set to hear E.E.O.C. v. Abercrombie & Fitch Stores, Inc. this term. The case arises from a hiring decision made at the Abercrombie Kids store in Woodland Hills Mall […]
Can an employer terminate an employee out of a belief that the employee is too distracted from his job duties due to caring for a relative with a disability? That was the issue in the recent case, in which an employee who was occasionally late to work due to caring for his ailing father successfully pursued a distraction claim for associational discrimination.