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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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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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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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?
Read More…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?
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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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,…
Read More…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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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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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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