Employers are understandably reluctant to allow employees with medical restrictions to resume working. A concern that returning the employee to work risks worsening their condition causes some employers to require a “complete...more
Many factors come into play when employers set work hours for employees, including such things as operational requirements or customers’ needs. On occasion, though, employees may request that their employers modify their work...more
When an employee suffering from a health condition comes to you with a proposed job modification to accommodate their condition, by all means consider the accommodation they have requested. But remember: an employer can offer...more
The Americans with Disabilities Act requires employers to consider and offer reasonable accommodations to disabled employees, so long as the accommodation does not impose an undue hardship upon the employer’s operations....more
With increasing frequency, employees ask to bring animals to work. Under some circumstances, the Americans with Disabilities Act (ADA) recognizes that the presence of a bona fide service animal in the workplace can be a...more
Recent days have brought encouraging news about the development of COVID-19 vaccines. The prospect of vaccines being available in early 2021 has caused employers to begin considering whether they will require employees to...more
11/20/2020
/ Americans with Disabilities Act (ADA) ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Employer Mandates ,
Employment Policies ,
Equal Employment Opportunity Commission (EEOC) ,
Health and Safety ,
Infectious Diseases ,
Religious Discrimination ,
Title VII ,
Undue Hardship ,
Vaccinations ,
Workplace Safety
Recently, the 10th Circuit Court of Appeals reached a decision that significantly expands employers’ potential liability for disability lawsuits.
The Americans with Disabilities Act requires employers to reasonably...more
Suppose you have an applicant or employee who is currently healthy, but you are concerned they may develop an impairment or condition in the future. Can an employer make any decisions based upon that concern without violating...more
An Oklahoma refinery employee who was terminated after testing positive for amphetamines tried to get his job back by claiming that over-the-counter medication led to a false test result. He also argued the employer’s testing...more
The Americans with Disabilities Act (ADA) requires employers to provide a reasonable accommodation to qualified individuals with a disability, unless doing so would trigger significant operational difficulties and/or expenses...more
The Americans with Disabilities Act requires employers to consider a leave of absence for an employee due to a medical condition as a form of accommodation. However, that requirement is not without limitations. A recent...more
When addressing the issues of a person’s ability to perform a job or the potential need for accommodation, don’t forget to take into account work the individual has previously performed. Sometimes that can be every bit as...more
7/15/2017
/ Americans with Disabilities Act (ADA) ,
Disability Discrimination ,
Essential Functions ,
Hiring & Firing ,
Job Offers ,
Jury Trial ,
Medical Examinations ,
Past Performance ,
Reasonable Accommodation ,
Temporary Employees ,
Withdrawal
Although the Army Ammunition Depot is located in McAlester, it was a Muskogee federal court that upheld an employer’s right to require adequate medical support before granting an employee’s request their job be modified on...more
When someone contends they have been discriminatorily denied employment, whether the individual was truly qualified often becomes the primary issue. To defeat a discriminatory failure-to-hire claim, the employer must...more
Wellness programs in the workplace -
Increasingly, employers are putting in place wellness programs aimed at promoting healthier lifestyles and preventing disease among the workforce. Often they are offered in...more
The Americans with Disabilities Act (ADA) prohibits employment discrimination on the basis of disability. The ADA also requires employers to reasonably accommodate disabled individuals who are qualified for a position....more