Employment Law Blog

News, trends and analysis in employment law and HR

Showing posts for: Disability

Photo of Jodi Slavik
Nov 21 2017
Q&ADisabilitySafety and HealthTermination & Resignation  

Q&A: Accommodate for Questionable Religious Belief?

Question: We recently instituted a no-beard policy to ensure that men can securely wear their required safety masks. However, one of our Muslim employees refused, citing the Prophet Muhammad. I’ve studied the Quran, and I know that it doesn’t require beards. Can we discipline or fire him for not shaving?

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Photo of Jackie Marks
Nov 20 2017
Q&ADisabilityLeave Laws  

What to do after an employee’s FMLA leave expires

Question: We have an employee who took 12 weeks of FMLA leave because of her own serious health condition. Her leave is now expired but she still isn’t able to return to work. Can we terminate her employment since she doesn’t have any FMLA leave left?

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Photo of Kandis Sells
Oct 18 2017
DisabilityLeave Laws  

What accommodations do pregnant employees get in Washington?

Question: One of our new employees is pregnant and has started taking frequent breaks for drinks, snacks, and using the bathroom. She is also sitting down on the job a lot. Do we have to allow this?

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Photo of Rebecca LaPoint
Oct 16 2017
Q&ADisabilityEmployee BenefitsLeave Laws  

Q&A: Offer equal amounts of paid parental leave to men and women

Question: We are a family friendly company and would like to offer 2 weeks of paid leave to new fathers and 6 weeks of paid leave to new mothers. Are we allowed to do this?
 

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Photo of Jodi Slavik
Oct 13 2017
DisabilityHarassment & DiscriminationTermination & Resignation  

Ninth Circuit okays termination of employee with sleep apnea

Finding no evidence of discrimination under California’s Fair Employment and Housing Act (FEHA), the U.S. Ninth Circuit Court of Appeals ruled that a railroad terminated a train engineer because of his poor attendance, not his diagnosed sleep disorder. Although this case was brought under FEHA, the analysis was the same as it…

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Photo of Kandis Sells
Sep 19 2017
Disability  

New Washington pregnancy accommodation law is in effect

Washington has a new “Healthy Starts Act” that requires employers with 15 or more employees to provide reasonable accommodations to pregnant workers without regard to whether they are actually disabled. Upon request by employees who are pregnant or have pregnancy-related health conditions, covered employers are required to provide the following accommodations: More frequent,…

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Photo of Josephine Ko
Aug 15 2017
Vigilant NewsDisabilityLeave Laws  

9/26/17 Advanced Leave & Accommodations Management: Navigating the Legal Maze

Legal and Legislative Update/Compliance Experienced HR professionals know that a classroom understanding of employment laws does not compare to real world experience handling injured, ill, and/or troubled workers. Join employment attorneys Josephine Ko and Kandis Sells, for an informative, advanced dialogue on best practices on time off, reasonable accommodation, light duty,…

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Photo of Jackie Marks
Jul 05 2017
Q&ADisabilityHarassment & DiscriminationHiring  

Q&A: Post-offer medical testing problematic when hiring temp agency employees

Question: We currently contract with a temporary employment agency for workers and will hire some of these workers after 90 days of successful work. We require all new regular employees for production and maintenance positions to undergo a pre-employment (post-offer) medical test. When we offer regular jobs to the temp…

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Photo of Jodi Slavik
Jun 12 2017
Q&ADisability  

Q&A: Employer doesn’t have to promote to accommodate disability

Q: We have a production employee with a medical condition whose doctor said no work “near dust or contaminants.” We tried several options, including buying a respirator and moving her to different positions on the floor. Instead she wants an open sales job that pays more. Do we have to give it to her?

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Photo of Jackie Marks
May 05 2017
Q&ADisabilityDrug and Alcohol  

Q&A: Is leave for jail time a reasonable accommodation for alcoholism?

Question: We have an employee who requested time off because he was in jail due to a Driving Under the Influence (DUI) conviction. We want to take action due to his excessive absenteeism. Do we have to grant him time off as a reasonable accommodation for alcoholism?

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