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Americans with Disabilities Act (ADA) Best Management Practices

Polsinelli

A Vaccine is Coming: Can Employers Require Employees to Take it?

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As clinical trials continue across the world for a COVID-19 vaccine, many employers are asking whether they will be able to require employees to take the vaccine when it becomes available in the United States. Like with so...more

Parker Poe Adams & Bernstein LLP

A New Road Map for Disciplining Employees for Reasons Unrelated to Their Disability

Some of the most frequent questions we receive from employers involve managing the performance of employees with medical issues. While employers understand their nondiscrimination obligations under the Americans with...more

Cozen O'Connor

HR Investigations Pay Dividends: A Healthier Workplace and Protection in Court

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Many HR professionals spend a significant amount of time investigating employee complaints and, depending on the outcome of these investigations, implementing corrective measures to halt and prevent bad behavior in the...more

Foley & Lardner LLP

Does Inconsistency Always Kill the Cat?

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Spoiler alert - this article doesn’t have anything to do with cats. But it is about something you hear all the time from employment attorneys. You have to be consistent when it comes to enforcing your attendance policies and...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

ADA Litigation Lessons Surfaced From a Zamboni Machine

Employers, you see this movie all too often. You tolerate, and then ultimately discharge, a poor-performing employee who displays a bad attitude. Unfortunately, supervisors have not documented the employee’s prior instances...more

Fisher Phillips

Web Exclusive: Don’t Panic! 3 Things Dealerships Need To Know About Latest ADA Court Ruling

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For all employers, dealerships included, complying with the Americans with Disabilities Act (ADA) can seemingly be one of the most challenging tasks for management and human resources. Not only does it seem like there is a...more

Nilan Johnson Lewis PA

Ask a Lawyer: As an Employer, What Are My Parental Leave Obligations?

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Question: One of my employees recently shared with me that she is expecting a baby. We’re a small, but growing company, with about 25 employees. I know we’re not covered by the Family and Medical Leave Act, but I want to make...more

Parker Poe Adams & Bernstein LLP

Employers Can Reject Accommodations That Do Not Facilitate Job Performance

A client recently received a request from a salesperson who suffers from depression, anxiety, and post-traumatic stress disorder. The employee said that certain customers acted in ways that triggered her symptoms, and she...more

Fisher Phillips

Defense Strategy: Interactive Process Can Be Used To Defeat ADA Claims

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Most employers are well aware that the Americans with Disabilities Act (ADA) requires them to engage in an “interactive process” with employees or applicants who indicate they have a disability and may require some type of...more

Obermayer Rebmann Maxwell & Hippel LLP

The Rio Olympics and the Zika Virus: Guidance for Employers

The Olympics in Rio have been a huge success for American athletes, but the games have also brought some hazards. U.S. Swimmer, Ryan Lochte, was mugged at gunpoint and other athletes have dealt with any number of...more

Sands Anderson PC

Employee Performance and Disability: A Short Course on Evaluation Under the ADA

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Act I: The Problem - Jason is a veteran middle school math teacher who has been in the classroom for more than twenty years. He has never been a strong teacher. The principal who worked with him for the bulk of his...more

Nutter McClennen & Fish LLP

When is Additional Leave a Reasonable Accommodation to an Employee’s Disability?

David C. Henderson, a partner in Nutter’s Litigation Department and a member of the firm’s Labor, Employment and Benefits practice group, addressed when additional leave is a reasonable accommodation to an employee’s...more

Fisher Phillips

WATER. REST. SHADE.

Fisher Phillips on

Heat is Creating More Legal Problems this Summer. It has been close to 100° in many southern states and even worse in the West. The Union of Concerned Scientists has warned of a “dangerous heat wave and steps to take....more

Obermayer Rebmann Maxwell & Hippel LLP

Shots or Not? The Pros and Cons of Mandatory Workplace Flu Vaccination

While we continue to enjoy warm September weather, flu season (typically lasting from October through May) will soon be here. Many employers—health care providers in particular—are now considering or preparing to implement...more

Smith Anderson

Americans with Disabilities Act: Focusing on Reasonable Accommodations

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Employees are asking for reasonable accommodations more often and for a wider array of medical conditions. The kinds of accommodations sought are more varied than ever, including working from home, extended leave, allowances...more

Fisher Phillips

Ask Fisher & Phillips: Our Top 10 Questions From Dealers (Part Three)

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This edition of “Ask Fisher & Phillips” picks up where our last newsletter left off – here is the concluding segment of the “Top 10 Questions from Dealers” from the past year....more

Parker Poe Adams & Bernstein LLP

Third Circuit Says Employer Did Not Retaliate Against Employee by Disallowing Tape Recording of Disciplinary Meeting

The Americans with Disabilities Act requires employers to engage in an interactive process to determine if a qualified individual with a disability can perform the essential functions of the job through provision of...more

Seyfarth Shaw LLP

Can that Doggie in the Window … Enter my Store?

Seyfarth Shaw LLP on

Readers will recall that we recently corralled the law on “Assistive Animals” in the workplace, here. Now, in part two of our mini-series, we pony up an explanation of the rules governing the use of service animals by...more

Akerman LLP - HR Defense

Second Circuit Confirms That Providing “Effective” Reasonable Accommodation Sufficient Under ADA and NYS Law

In Noll v. Int’l Bus. Machs. Corp., 13-cv-4096 (2d Cir May 21, 2015), the Second Circuit Court of Appeals addressed the extent to which, under the ADA and New York State law, an employee must be provided with the precise...more

Fisher Phillips

Come To Work And…Get Some Sleep?

Fisher Phillips on

Once upon a time, falling asleep at work was one of the best ways to get fired. Now, however, snoozing employees may not just have to be tolerated, they may need to be paid as well! How did we get to such an absurd point?...more

Franczek P.C.

Wave of ADA Public Accommodation Lawsuits Continue to Spread, Hits Illinois

Franczek P.C. on

In recent weeks, we have seen a surge in Illinois of private plaintiff lawsuits filed under the public accommodation provisions of the Americans with Disabilities Act of 1990 (ADA). Public accommodation lawsuits have been...more

Foley & Lardner LLP

EEOC, Court Flip Flops Reveal Challenges to Employers Facing Accommodation Requests

Foley & Lardner LLP on

If even the U.S. Equal Employment Opportunity Commission (EEOC) and the courts cannot agree how far the Americans with Disabilities Act’s (ADA) accommodation obligation extends, how is an employer supposed to do so? As we...more

Bradley Arant Boult Cummings LLP

Navigating complex post-pregnancy leave and restrictions

When Congress passed the Pregnancy Discrimination Act (PDA), the Americans with Disabilities Act (ADA) and the Family and Medial Leave Act (FMLA), it considered them as needed protections for clear-cut situations. For...more

Proskauer Rose LLP

The ERISA Litigation Newsletter - May 2015

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Editor's Overview - This month we focus on the EEOC's proposed rules concerning wellness programs. As our colleague, Amy Covert, discusses, a recent change of position by the EEOC provides employers with opportunities...more

K&L Gates LLP

EEOC Catches Up With the Wellness Wave

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The Equal Employment Opportunity Commission (“EEOC”) has issued a proposed rule finally illuminating whether and to what extent incentives can be offered for participation in a wellness program that involves...more

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