Category: Uncategorized

Oops! One way or another these articles never got properly categorized.

Disability-Related Questions And Medical Exams, Part 2: EEOC Guidelines For Handling Common But Thorny Problems

The EEOC recently released a guidance explaining when it is and is not permissible to ask employees disability-related questions or to require them to take medical exams. In this final segment, we look at how the EEOC says you should handle a number of common but frequently thorny situations involving employee medical information. Documentation When […]

Workplace Safety: Suspect Arrested For Impersonating Cal/OSHA Inspector

A sting operation resulted in the arrest of a paroled felon for impersonating a Cal/OSHA inspector and victimizing employers in the Los Angeles County area. Mark Dwayne Jackson allegedly threatened to impose severe fines for non-existent safety violations unless the business owners agreed to a cash settlement. The suspect was arrested after accepting marked money […]

News Notes: Employer Must Consider Reassigning Disabled Employee To Positions At Equivalent Pay Level

A recent ruling by the federal Ninth Circuit Court of Appeals helps clarify which positions disabled employees must be considered for when they can’t perform their present job. Rodney McLean was a postal clerk until his physical condition prevented him from performing his duties. Although he identified many vacant positions at the same pay level […]

Accommodating Employees: Employer Agrees To Settle Suit By Hearing-Impaired Employee

A hearing-impaired worker in Los Angeles who requested a sign language interpreter for meetings–and instead was allegedly told by her supervisors to read lips and try harder–will receive $100,000 to settle her claim that her employer failed to accommodate her under the Americans with Disabilities Act. In a confidential settlement, the government employer also agreed […]

Employee Lawsuits: The Latest Legal Risk When A Disabled Employee Wants To Return To Work; How To Avoid Getting Sued

It’s important to be extra careful when evaluating the abilities of an employee who was previously injured and wants to come back to work. Unless you carefully consider the individual’s current skills and recent medical reports, deciding that the worker can’t perform certain tasks can expose you to an expensive discrimination lawsuit for erroneously regarding […]

Disability-Related Questions And Medical Exams, Part 1: EEOC Releases Guidance On When You Can Get Health Information From Employees

Five years ago, the EEOC issued rules explaining which medical exams you could require and what health questions you could ask job applicants without running afoul of the Americans with Disabilities Act. Now, newly released guidance from the EEOC helps clear up some of the uncertainty employers face when these types of issues come up […]

Genetic Testing: U.C. Lawrence Livermore Lab Settles Lawsuit

In the March 1998 issue of California Employer Advisor, we reviewed a decision by the Ninth Circuit Court of Appeal focusing on alleged secret genetic testing of employees at the University of California’s Lawrence Livermore National Laboratory. The court held that the workers could sue the lab for violating their privacy rights. Now the lab has […]

Reasonable Accommodations: Court Says Restructuring Job May Not Be Enough; 3 Steps To Take To Prevent Getting Sued

One of your employees has a bad back and needs their duties to be modified to allow them to continue to do their job. You make some changes, but the person’s performance deteriorates. As a new California Court of Appeal case makes clear, it’s important to stay proactive by closely monitoring the situation and, if […]

News Notes: Fragrance-Sensitive Employee May Qualify For ADA Protection

In a decision that could test the limits of the Americans with Disabilities Act, a federal court in Utah has ruled a worker’s sensitivity to strong fragrances may qualify as a disability. Glenda Davis had worked for a state tax agency for four years when she developed a sensitivity to fragrances that resulted in headaches, […]