Category
Reasonable Accomodation
What Employers Need to Know About the Pregnant Workers Fairness Act
The Pregnant Workers Fairness Act (PWFA) took effect on June 27, 2023, and represents a significant increase in the legal protections given to pregnant workers. This new law requires employers to provide reasonable accommodations to employees affected by pregnancy, childbirth, or related medical conditions, unless doing so would impose an und...
What can Employers Do When Employees are Legally Using Opioids?
Fortunately for employers, the Equal Employment Opportunity Commission (EEOC) has issued technical assistance documents that address issues concerning the employment provisions of the Americans with Disabilities Act, as it relates to the use of opioids by employees. Although not legally binding on the public, there is valuable information for emplo...
How do Employers Make a “Direct Threat” Determination
The Americans with Disabilities Act (ADA) is 30 years old and employers are familiar with its general requirement to provide reasonable accommodation to qualified individuals (applicants and employees) with a physical or mental impairment that substantially limits a major life activity. A reasonable accommodation is any change or adjustment to a jo...
Can Employers Require COVID-19 Vaccinations for Employees?
On December 16, 2020, the Equal Employment Opportunity Commission (EEOC) issued guidance that allows for employer-mandated vaccines. According to the EEOC, employers may implement a mandatory vaccination policy because vaccines are not “medical examinations” under the Americans with Disabilities Act (ADA) – but a third-party administrator sho...
Have an Employee with a Contagious Disease? 4 Things to Know
If you have a small business, you already have a million things to lie awake worrying about. Get ready for another: infectious and contagious diseases are on the rise. It has been reported that the Florida Department of Health has confirmed over 1,100 Hepatitis A (HEP A) cases in 2019 so far. According to the......
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...
What is a Fitness for Duty form?
Recently, a client called to ask about an employee who had complained about a back and shoulder injury. The employee told his foreman that he did not feel that he was physically capable of performing his normal work duties as a construction laborer due to pain. He asserted that it was a workers’ compensation case......
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...
Can a pregnant employee use hazardous chemicals at work?
Employers are concerned about the well-being of employees. Companies are required to follow hundreds of federal and state safety rules, including OSHA regulations, and are financially responsible for workplace injuries and illnesses suffered by employees. So, it is not surprising that company owners and managers are concerned for the well-being o...
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...
Need on-going HR support?
We have affordable HR retainers that offer a unique alternative to full HR outsourcing or the hiring of a full time HR employee. We design unique solutions to match your business strategy and budget. We have a proven track record of helping companies from many industries. We listen and probe to understand your needs and goals, before we offer recommendations and realistic solutions.
