Tag: ADA

Massachusetts

‘Impossible Demands’ Lead to Disability Discrimination Lawsuit

by John S. Gannon Employers routinely ask employees to provide adequate documentation demonstrating that they can perform the essential functions of a job. That documentation may come in the form of physical or mental examinations—commonly referred to as fitness-for-duty examinations. However, problems arise when an employer disagrees with the physician who certifies the employee as […]

To fire or not to fire? Even egregious acts require care before termination

What if you had an employee who apparently showed up to work drunk and then loudly swore at a coworker within earshot of customers? Would you: (A) fire the employee on the spot, (B) investigate and then terminate if evidence shows the accusations are likely true, or (C) let it go to prevent the employee […]

healthcare

Court Considers EEOC Claims that Wellness Program Was Involuntary, Employee Fired for Nonparticipation

In EEOC v. Orion Energy Systems, Inc., a federal district court considered a challenge to an employer’s wellness incentive program. As explained in part 1 of this article, the court rejected the company’s contention that the Americans with Disabilities Act’s (ADA) safe harbor for benefits administration should apply.

Wellness Lawsuit AARP Versus EEOC: A Quick Recap

Did you know that the American Association of Retired Persons (AARP) has initiated a lawsuit against the Equal Employment Opportunity Commission (EEOC)? If you’re not already in the know about this, it may seem like an unlikely event, given that the two organizations are typically on the same side in matters related to employee rights. […]