Is Drug Testing Discriminatory?
Do you require mandatory drug testing as a condition of employment? Many employers do, but have you considered whether a mandatory drug testing policy might be discriminatory?
Tag: ADA
Train Managers on ADA Accommodations and Diabetes
November is American Diabetes Month, so this is the perfect time to talk with your managers and supervisors about accommodations for diabetic employees. Accommodations for employees with diabetes are usually small, easy to accomplish, and require little or no cost to the employer. Potential ADA Accommodations for Daily Diabetic Care Here are several examples […]
Are Your Managers Trained on the ADA and Diabetes?
Employees with diabetes are covered by the ADA. There is no dispute that diabetes is a diagnosed physical impairment that limits a major life activity and thus meets the ADA definition of disability. (Major life activities include the functioning of major bodily systems like the endocrine system; diabetes, by definition, substantially limits the endocrine […]
Ebola Outbreak Raises Questions for Employers
As a result of the attention surrounding the ongoing Ebola outbreak, many employers are wondering how to handle situations involving communicable disease. Not much medical testing of employees is allowed. If however, a pandemic is widespread and is a direct threat, public health authorities say employers can monitor closely for symptoms and illness. Employers can […]
Learn About Pregnant Employees Workplace Rights During Nov. 11 #hrintelchat
Are you treating your pregnant employees properly? Do you have to offer them an accommodation? There’s been a flurry of action around treatment of pregnant employees under the Pregnancy Discrimination Act, some of which has been confusing. The PDA says you have to treat pregnant employees in the same manner you treat other employees who […]
FMLA: Employer Can Seek 2nd Fitness-for-Duty Certification After Job Restoration
Yesterday, we looked at a recent case from the California Court of Appeals that considered the issue of whether an employer could require its employee to submit to a fitness-for-duty evaluation after it had restored her to her job following an FMLA leave—even though the evaluation involved matters existing before the leave.
Third EEOC Wellness Lawsuit Draws Industry Ire
An employer group criticized the latest legal challenge to an employee wellness program filed by the U.S. Equal Employment Opportunity Commission. The commission alleges that Honeywell International, Inc.’s biometric testing incentive for employees and their spouses violates the Americans with Disabilities Act and Genetic Information Nondiscrimination Act. “This is an outrageous development, and one that […]
Slideshow: Mental illness in the workplace
About one in four American adults suffer from a diagnosable mental disorder in any given year. Employers need to be aware of their obligations under the Americans with Disabilities Act (ADA), the Family & Medical Leave Act (FMLA), and comparable state laws regarding their employees’ mental health.
EEOC Targets Another Employee Wellness Program
A second employer has been sued by the U.S. Equal Employment Opportunity Commission over its employee wellness program. Once again, the EEOC alleges that the company’s penalties for nonparticipation rendered the program involuntary, making it a medical inquiry prohibited by the Americans with Disabilities Act. The latest case, announced Oct. 1, involved a plastics manufacturer […]
9th Circuit Won’t Call Attention Deficit an ADA Disability
The 9th U.S. Circuit Court of Appeals Oct. 1 declined to rehear a case in which it held that attention deficit hyperactivity disorder is not a disability covered by the Americans with Disabilities Act. Matthew Weaving, a police officer, alleged that he was fired because of his disability. His ADHD amounted to a protected disability […]