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Showing posts for: Lorraine Amrine

May 18 2015
Disability

Does temporarily changing a job function make it non-essential?

An employer has successfully defended its decision to terminate a supervisor, who was required to drive for his job but lost his driving privileges, after he refused to accept an offer of reassignment. The long-term employee suffered a seizure and lost his driver’s license until he was seizure-free for six months. The employer temporarily accommodated…

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May 18 2015
Drug and AlcoholQ&A

Anonymous tip on drug use alone not enough to justify test

Answer: The use of drugs in the workplace is on the rise, as we discuss in our post, “Positive drug tests on the rise.” However, this trend alone doesn’t give employers the right to jump to conclusions. An anonymous tip is not enough to require a drug test. Reasonable suspicion doesn’t mean you have to be…

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Jan 27 2015
CaliforniaDisabilityLeave Laws

CALIFORNIA: Indefinite leave of absence is not required under FEHA

A federal district court recently ruled that a California employer wasn’t required to grant indefinite leave for an individual with a disability. Over the course of a year and a half, a sales clerk who injured her foot at work was provided with multiple accommodations consistent with the doctor’s restrictions, including a leave of absence,…

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Jan 22 2015
Leave Laws

Employer cannot terminate for unmet sales goals when FMLA leave reduced sales

An employer violated the federal Family and Medical Leave Act (FMLA) when an account executive who took five weeks of FMLA leave was subsequently disciplined and terminated for failing to achieve her sales goals. Not surprisingly, the employee filed a claim against her former employer alleging interference with her employment rights under the FMLA. The…

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Dec 22 2014
Leave Laws

Taking FMLA into Account Could Create Liability

The former employer claimed the reason for not considering her was that she had left an unprofessional voicemail with crying and profanity. She alleged that the voicemail was merely an inquiry into the status of the hiring process and not unprofessional at all. She claimed the real reason for rejecting her applications was her use…

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Nov 06 2014
Disability

Is your workplace technology accessible to people with disabilities?

The U.S. Department of Labor (DOL) has announced a new initiative promoting the employment, retention, and career advancement of people with disabilities through the development, adoption, and promotion of accessible technology. The Partnership on Employment & Accessible Technology (PEAT) has developed a website dedicated to providing employers, technology users, and technology providers simple information about…

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Sep 29 2014
Leave LawsOregon

Actual Notice of FMLA Necessary to Hold Employees Accountable

The employee claimed that she did not know that her leave was being counted as FMLA and was not aware of the requirement that she must return within 12 weeks in order to protect her job. She alleged that if she had known of the expectations she would have expedited her treatment in order to…

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Aug 05 2014
Hiring

Clear documentation saves employer from age discrimination liability

Thorough documentation of job requirements recently helped an Oregon employer win an age discrimination claim. A 61 year old welder filed claims of age discrimination and retaliation under the Age Discrimination in Employment Act (ADEA) after unsuccessfully applying for numerous higher paying welding positions with his employer, the U.S. Army Corps of Engineers. The final…

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Aug 05 2014
Disability

EEOC issues controversial guidance on Pregnancy Discrimination Act

The Equal Employment Opportunity Commission (EEOC) has issued new enforcement guidance and questions and answers about the Pregnancy Discrimination Act (PDA), with a controversial twist. The guidance says employers must treat pregnant workers with limitations the same as other employees who are unable to perform their jobs without making a distinction based on the source…

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Jul 30 2014
Disability

Annual fitness-for-duty exams generally not allowed

Q: We want to make sure our employees remain healthy and able to do their jobs. Can we require them to submit to an annual fitness-for-duty exam? A: No. Absent specific performance related concerns or an observable risk of harm, the Americans with Disabilities Act (ADA) prevents you from requiring that your employees submit to…

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Jun 24 2014
CaliforniaWage and Hour

Class action claim for final pay violations allowed to proceed

A former PetSmart groomer has been given the green light to proceed with her class action lawsuit alleging that PetSmart’s practice of paying departing employees with a prepaid ATM card was a violation of the California Labor Code. Section 212(a) of the code requires that employers pay wages that are “negotiable and payable in cash,…

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Jun 17 2014
CaliforniaLeave Laws

CALIFORNIA: Leave of absence for pregnant employee may not be reasonable accommodation

Granting a leave of absence instead of workplace accommodations to a pregnant employee may not have been reasonable under California law, ruled a federal district court in California. When a pregnant employee asked for an accommodation of a bathroom break every three hours, and no heavy lifting or pushing, her employer allegedly told her that…

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