For disabled employees, the Americans with Disabilities Act (ADA) requires employers to consider the possibility of a reasonable accommodation that would allow disabled employees to maintain their employment. To satisfy the ADA’s reasonable accommodation requirement, an interactive discussion of potential accommodations must occur before an employer makes any employment decision.
Employers understand that they cannot terminate employment because an employee has filed a claim for an on-the-job injury. Employers may be less aware of a specific termination prohibition under the code. An employee receiving temporary total disability benefits, or TTD, cannot be discharged while receiving TTD “solely on the basis of absence from work.”
One-third of adult Americans are obese. The number of states with obese populations exceeding 30% is on the increase. Now, factor in that obesity may be considered a disability for purposes of employment law, and the Americans with Disabilities Act now recognizes an expanded concept of individuals who are considered “disabled.” Can an increase in obesity-based discrimination charges and lawsuits be far behind?
It’s not uncommon for firefighters to moonlight with a second hobby-related career. It’s also not uncommon to find people receiving workplace disability benefits, claiming to not be healthy enough to perform their duties, only to eventually be caught doing other activities ever bit as physical and taxing as their job requires.
A new lawsuit filed by an Indiana teacher against her former Roman Catholic school employer once again highlights the growing tension between religious freedom and reproductive rights, and how courts must grapple with that tension. The teacher, Emily Herx, says she was fired for using in vitro fertilization (IVF) to try to get pregnant. The [...]
Under the Americans with Disabilities Act, employers are required to make “reasonable accommodations” for disabled employees so that they can continue to perform the essential functions of their jobs. In some cases, this might mean making physical changes to the workplace to make it more accessible or usable. In other cases, it might include purchasing special [...]
Talk about brown-nosing your boss. You’d think giving up a kidney to help save your boss’s life would mean rock-solid job security. Apparently, not so much in New York.
In today’s virtual workplace, employees can work from anywhere and be in touch with anyone any time via technology. The Internet is a benefit to most employees and employers. The virtual workplace can make the workday more flexible and employees more productive. But one perhaps unexpected consequence is that virtual conduct can still result in [...]