An employer in Missouri is finding out the hard way that balancing the competing rights of employees can be complicated. In this case, a coworker with Tourette’s syndrome regularly and repeatedly shouted racial slurs at an African American employee. The employer tried to separate the workers so they didn’t have to work…
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The US Department of Labor’s Job Accommodation Network (JAN) has released a comprehensive Workplace Accommodation Toolkit which provides employers with resources and tools needed to create a more disability-inclusive and compliant workplace. The toolkit contains practical solutions for workplace accommodations, coaching on the interactive process, and training on the basic obligations of…
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A federal district court recently ruled that a police department complied with the Americans with Disabilities Act (ADA) when it required a bomb squad technician to undergo a fitness-for-duty exam. Their justification? The city had an objective basis for the fitness-for-duty exam request. In this case, the technician was experiencing hand…
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Effective January 1, 2019, the U.S. Equal Employment Opportunity Commission (EEOC) has officially rescinded its regulations that allowed employers to offer wellness incentives of up to 30 percent of the cost of employee-only health coverage. As we previously reported a year ago, a federal district court determined that the EEOC didn’t have…
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One of our Vigilant members has implemented a best practice that we think is worth sharing: annual check-ins with employees who are receiving workplace accommodations under the Americans with Disabilities Act (ADA). Annual Check-In: What’s Involved The company sends the employee a letter each year, reviewing what accommodations have been made and asking: (1)…
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Question: We require all new hires to pass a pre-employment drug test. Do we have to use the same process we use for our random, reasonable suspicion, and post-accident drug testing and send positive test results to a medical review officer (MRO)? Or, can we simply ask potential new hires for a list of medications they have been prescribed?
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Question: I have a production employee who says that standing for eight hours a day is causing him pain. He doesn’t want to go on any type of leave and says he’d rather just suffer through it. We are covered by the federal Family and Medical Leave Act (FMLA). What do I do?
Question: To avoid workplace injuries, we require all employees to be 100-percent healed without any medical restrictions before they return to work after an illness or injury. We think this is an important policy to protect employee safety, but recently heard it might be unlawful discrimination. Is it?
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Question: We have approximately 10 employees in one department performing the same job, with 6 working rotating shifts and the other 4 working only on the day shift. One of the employees assigned to the rotating shift brought in a doctor’s note saying he can only work on the day shift due to a medical condition. Do we have to grant his request?
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ADA accommodation may require showing rather than telling An employee in Illinois will move forward to a jury trial on her disability discrimination claim alleging that her employer failed to provide a reasonable accommodation for her learning disability. Although supervisors told her how to complete her timesheets, the employee claims that…
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