Vigilant Blog

News, trends and analysis in employment law, HR, safety & workers' comp

Showing posts for: Disability

Photo of Jackie Marks
Jun 18 2020
COVID-19DisabilityEmployee BenefitsSafety and Health  

WASHINGTON: Governor extends protections for high-risk workers

On June 9, 2020, Washington Governor Jay Inslee extended the protections for employees who are at a higher risk to contract COVID-19 (coronavirus), specifically those aged 65 and over and those with certain chronic underlying health conditions, as defined by the Centers for Disease Control (CDC). The original proclamation expired…

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Photo of Jodi Slavik
Jun 04 2020
COVID-19DisabilitySafety and Health  

WASHINGTON: Rules change on reopening and face coverings

On May 31, 2020, Washington Governor Jay Inslee issued Proclamation 20-25.4, Safe Start – Stay Healthy, which moves the state forward in reopening recreational, social, and business activities. The proclamation transitions the state from the original Stay Home – Stay Healthy order to a county-by-county phased reopening plan. The plan isn’t entirely…

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Photo of Kara Craig
May 21 2020
COVID-19DisabilitySafety and Health  

OREGON: Retailers must provide face coverings for workers

On May 15, 2020, Governor Kate Brown issued new guidance for reopening businesses throughout the state of Oregon. The mask and face covering guidance says that certain businesses, including retail stores, must require employees, contractors, and volunteers to wear a mask, face shield, or face covering to prevent the spread…

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Photo of Kara Craig
May 14 2020
COVID-19DisabilitySafety and Health  

EEOC updates guidance on COVID-19 disability accommodations

The U.S. Equal Employment Opportunity Commission (EEOC) recently clarified in its COVID-19 FAQs what to do if an employee with a disability has one of the underlying medical conditions identified by the Centers for Disease Control and Prevention (CDC) that puts them at higher risk of severe illness from COVID-19…

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Photo of Matt Norris
Apr 30 2020
COVID-19DisabilitySafety and Health  

EEOC updates guidance on COVID-19 workplace testing

On April 23, 2020, the Equal Employment Opportunity Commission (EEOC) updated its COVID-19 FAQs to say that employers may test workers for COVID-19 (coronavirus) before they enter the workplace, because the virus poses a direct threat to health and safety. The EEOC has updated the guidance several times during the…

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Photo of Jackie Marks
Mar 27 2020
DisabilityLeave LawsWage and Hour  

WASHINGTON: Paid Family and Medical Leave law amended

On March 25, 2020, Governor Inslee signed an amendment to the Washington Paid Family and Medical Leave (WPFML) program (SHB 2614). This bill doesn’t have anything to do with the current pandemic. Instead, it makes technical corrections to the WPFML program, to ensure the intent of the original bill is intact. The…

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Photo of Diane Buisman
Mar 16 2020
COVID-19DisabilityLeave LawsSafety and Health  

Alert: Coronavirus pandemic raises numerous workplace questions

The United States has been hard hit by coronavirus in the past week and Vigilant has received a variety of questions from members about this evolving situation. We previously reported on how to handle situations with employees who seek to return to the workplace after traveling to areas affected by…

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Photo of Matt Norris
Feb 28 2020
DisabilitySafety and Health  

Q&A: ADA accommodations for epilepsy aren’t one-size-fits-all

Question: We have an employee who had a seizure at work, causing him to space out and forget things for a few minutes. He took a few days of leave to recover and seek medical treatment. When he came back, he told us he has epilepsy, but he brought in…

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Photo of Kara Craig
Feb 11 2020
Q&ADisabilityDrug and Alcohol  

Q&A: Are prior addicts covered by the ADA?

Question: One of our employees failed a random drug test. He says the positive test occurred because he was prescribed methadone by his doctor to treat his addiction to opiates. Do we have to retain him? We’re concerned about safety.   Answer: If your drug testing process had included the services of a Medical…

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Photo of Jackie Marks
Jan 02 2020
Q&ADisabilityTermination & Resignation  

Q&A: Mandatory EAP referral doesn’t mean you perceived disability

Question: We have an employee who is acting strangely, including making paranoid comments about coworkers sabotaging her work. I investigated, but found no evidence to support her allegations. The employee continues to complain. Can we require her to contact our Employee Assistance Program (EAP) and attend any counseling sessions recommended…

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