Category
Disabilities
Can Employers Require COVID Testing of Returning Employees?
As employers reopen businesses across Florida, many are wondering if they can require a negative COVID-19 test before an employee is allowed back to work. As background, there are 2 types of COVID-19 testing – a test to determine the presence of COVID-19 virus (viral test) – and a test to determine if an employee......
Using Post Offer Medical Questionnaires? Be Careful, Use Correctly
If your company uses post-offer medical questionnaires for new hires, listen up. How you use the form and when you use it matters to the EEOC. Additionally, make sure your company knows how to use the medical information and discuss results with the employee. This month an Alabama contractor that used post-offer medical questionnaires and su...
Wellness Program Lawsuit Settled, Employer Pays $100,000 and Changes Program
MINNEAPOLIS — On April 5, the U.S. Equal Employment Opportunity Commission (EEOC) announced that it has resolved its lawsuit against Orion Energy Systems, a Wisconsin lighting company after it challenged its wellness program under the Americans with Disabilities Act (ADA). The lawsuit also alleged that Orion Lighting retaliated against an ...
Employer must consider Reasonable Accommodations after FMLA expires
On March 3, 2017, Real Estate Services giant Cushman & Wakefield, headquartered in Chicago), agreed to a $100,000 settlement with the EEOC to resolve a disability lawsuit involving an Administrative Assistant with breast cancer. A nine (9) year employee requested a medical leave of absence under the Family and Medical Leave Act (FMLA) for bre...
Florida publishes new rules for Medical Marijuana
Tallahassee – The implementation of the Constitutional amendment passed by Florida voters in November is moving rapidly. The Office of Compassionate Use (part of the Florida Department of Health) published a notice of Rule Development on January 17, 2017. The proposed rule expands the Office of Compassionate Use’s (OCU) regu...
Medical Marijuana in Florida: A Summary for Employers and Employees
Tallahassee, FL (January 3, 2017) – Now that Florida voters have approved Amendment 2, the constitutional amendment allowing the use of medical marijuana, there are many changes coming to Florida. In the next few years, I predict there will be more medical conditions approved, more doctors prescribing, more cannabis use and more approved...
Deaf Employee and EEOC Sue Cheesecake Factory for Inadequate Training Accommodation
SEATTLE, Wash. – On December 20, 2016, restaurant giant The Cheesecake Factory, Inc., was sued by the U.S. Equal Employment Opportunity Commission (EEOC) for allegedly failing to provide an effective accommodation for a newly hired deaf employee – instead it fired him over attendance issues. According to the EEOC’s lawsuit, The Chee...
Mental Disability Guidance Published by the EEOC
Washington DC – On December 12, 2016, the U.S. Equal Employment Opportunity Commission (EEOC) issued guidance on the legal rights of employees with mental health disabilities – and employers need to review this guidance. To recap, the Americans with Disabilities Act (ADA), is applicable to employers with 15 or more employees, ...
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