Preemployment Inquiries under the FMLA and ADA: What’s Prohibited?
What questions are employers prohibited from asking a job candidate under the Americans with Disabilities Act (ADA) and Family and Medical Leave Act (FMLA)?
Tag: compliance
Alcoholism, FMLA, and ADA
By Susan Schoenfeld, JD Recent statistics from the National Institute on Alcohol Abuse and Alcoholism reveal that 16.6 million adults aged 18 and older have an alcohol use disorder, including 10.8 million men and 5.8 million women. Many of these adults are also employees, raising the issue of what an employer must do to address […]
The 2015 Employee Leave Survey Results Are In!
The results of our 2015 Employee Leave Survey are in and reveal that 99.4% of participants offer some form of time off to employees (marginally up from 98.9% in 2014). Here are a few more highlights of the survey: Paid time off (PTO) is available to 96.6% of those responding to our survey. Paid sick […]
I’m Interviewing a Candidate with ADHD—What Do I Do?
What if, during an interview, an applicant asks you to bear with him or her because he or she has attention-deficit hyperactivity disorder (ADHD)? What if you subsequently decided not to hire that candidate? Have you exposed your company to liability? When you consider that 1 in 25 adults has some form of ADHD, it’s […]
FMLA Leave: A Shield for Employee Misconduct?
By: Krista J. Griffith and Lynn Mueller, Felhaber Lawson In a recent case, the U.S. District Court for the District of Minnesota held that an employee shouldn’t be shielded from the consequences of her wrongdoing simply because she was on leave protected by the Family and Medical Leave Act (FMLA) at the time her employer […]
ADA and FMLA: What Are Your Notice and Posting Requirements?
By: Krista J. Griffith and Lynn Mueller, Felhaber Lawson This article series examines similarities and differences between the Family and Medical Leave Act (FMLA and the so that you can stay in compliance when both laws apply. Here, we compare the notice and posting requirements for employers under each law.
Ask the Expert: FMLA
We found numerous, significant errors by an employee while she was out on FMLA. The employee was on leave for mental impairments that are considered disabilities under the ADA. (When she returned from leave, she was transferred to another office pending further investigation of the errors.) Can we terminate her for her performance prior to […]
Due Diligence: Lawsuit Armor
In yesterday’s Advisor we looked at a few examples of recent wins for employers in the courts concerning federal discrimination lawsuits. Today, we present another example. Regardless of the type of claim that comes your way, having good documentation and following the rules can usually protect you, as it did in these cases.
Due Diligence for the Win, Literally
We constantly hear about cases where employers are found to be in violation of federal regulations and are summarily fined and, often, successfully sued. Today, we’ll look at when claims against employers don’t hold up in court and what you can learn from them.
The Breakdown of At-Will Employment
Yesterday’s Advisor covered when at-will employment doesn’t hold up. Each state has many exceptions, and today we’ll cover a few more, as well as discuss how employers can make sure their at-will policies stick. Situations Where At-Will Employment Will Not Apply, cont.: In addition to when an at-will employment is superseded by an actual contract, […]