Disability | Employment Law Blog in WA, OR, and CA | Vigilant

Vigilant Blog

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

Showing posts for: Disability

Feb 09 2024
Disability

Q&A: Evaluate request for permanent remote work under ADA

Question: During the pandemic, we allowed some employees to work from home on a case-by-case basis. We brought everyone back to the office gradually and our policy now requires all administrative personnel to work onsite. One of our admin employees who worked remotely has requested to work from home permanently due to a chronic health…

Read More…
Dec 07 2023
DisabilityDrug and AlcoholLeave Laws

Q&A: Know how to handle disclosure of need for alcohol treatment

Question: An employee in a safety-sensitive job came forward to say she’s going into a 28-day treatment program for alcohol use disorder. When she comes back, can we test for alcohol (return-to-duty and unannounced follow-up tests)? Answer: Maybe… so please ask your Vigilant Law Group employment attorney or other legal counsel to review your specific facts before…

Read More…
Dec 07 2023
DisabilitySafety and Health

Employee’s service dog posed direct threat to safety at hospital

The U.S. Sixth Circuit Court of Appeals recently ruled that a hospital did not have to allow a nursing student to bring a service dog to work under the Americans with Disabilities Act (ADA) because the accommodation created a direct threat to health and safety. A nursing student was assigned to work at the hospital…

Read More…
Oct 05 2023
Affirmative ActionDisabilityHarassment & Discrimination

Federal contractors settle discrimination claims with OFCCP

The Office of Federal Contract Compliance Programs (OFCCP) has announced numerous financial settlements with federal contractors in recent months. Most settled allegations of hiring discrimination on the basis of race/ethnicity or gender, which came to light during the agency’s routine reviews of the companies’ affirmative action plans (AAPs). A few settlements were made after the…

Read More…
Sep 21 2023
DisabilityWage and Hour

Listen to webinar recording on constructive HR conversations

Our webinar recording of Let’s Talk About It: Better Conversations to Build Trust, Drive Performance, and Dial Down the Drama is now available for viewing. Jodi Slavik, Employment Attorney and Strategic Services Director for Vigilant, recently joined TERRA’s Chief Strategy Officer, Jenifer Lambert, in a webinar designed to unlock the power of constructive HR conversations…

Read More…
Sep 21 2023
DisabilityWage and Hour

Listen to webinar recording on constructive HR conversations

Our webinar recording of Let’s Talk About It: Better Conversations to Build Trust, Drive Performance, and Dial Down the Drama is now available for viewing. Jodi Slavik, Employment Attorney and Strategic Services Director for Vigilant, recently joined TERRA’s Chief Strategy Officer, Jenifer Lambert, in a webinar designed to unlock the power of constructive HR conversations…

Read More…
Aug 10 2023
DisabilityHiringWorkers’ Comp

Q&A: Make preemployment physicals useful and ADA-compliant

Question: We’re considering a preemployment physical process. What do we need to know to make sure we do things right? Answer: Glad you asked! Preemployment (post-offer) physicals are typically considered by employers who want to ensure candidates can perform the physical requirements of their job safely. In practice, we often see processes that begin with…

Read More…
Jul 06 2023
DisabilityHarassment & Discrimination

Undue hardship for religious accommodation must be substantial

The U.S. Supreme Court recently ruled that an employer who claims “undue hardship” as the reason for denying a worker’s request for a religious accommodation under Title VII of the Civil Rights Act must be able to show it would incur “substantial increased costs in relation to the conduct of its particular business.” This significantly…

Read More…
May 18 2023
DisabilityEmployee BenefitsLeave Laws

WASHINGTON: Governor signs 2023 legislation

The 2023 legislative regular session ended on April 23, 2023, with Washington Governor Jay Inslee signing multiple employment-related bills into law. Please see our separate articles in today’s newsletter on two of those bills, “WASHINGTON: New bill limits most pre-employment cannabis tests” (regarding ESSB 5123) and “WASHINGTON: Employers must notify warehouse employees of quotas” (regarding…

Read More…
May 04 2023
Affirmative ActionDisability

Federal contractors must use new disability self-ID form by 7/25/23

Employers with federal contracts must begin using a revised version of the voluntary disability self-identification form for applicants and employees no later than July 25, 2023. The existing form has an expiration date of May 31, 2023, but the Office of Federal Contract Compliance Programs (OFCCP) wanted to give employers 60 days’ notice of the…

Read More…
May 04 2023
DisabilityWage and Hour

DOL releases guidance on PUMP for Nursing Mothers Act

The U.S. Department of Labor (DOL) recently issued frequently asked questions and a fact sheet detailing employers' obligations under the newly enacted Providing Urgent Maternal Protections for Nursing Mothers Act (PUMP for Nursing Mothers Act). As we previously reported, enforcement of this Act began on April 28, 2023. The PUMP Act expands the right to…

Read More…
Apr 06 2023
DisabilityLeave Laws

Q&A: Modified schedule may be ADA reasonable accommodation

Question: A full-time employee is scheduled to return to work after exhausting 12 weeks of medical leave under the federal Family and Medical Leave Act (FMLA). His doctor restricted him to a maximum of 25 hours per week for at least six months due to disability. Can I deny this disability accommodation request because he’s…

Read More…

Don’t Navigate Employment Issues On Your Own

Learn how Vigilant membership can help with your complex employment situations.
Scroll to Top