Employment Law Blog

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Showing posts for: Disability

Dec 20 2016
DisabilityLeave LawsTermination & Resignation

Q&A: Risky to discipline for performance problems upon return from leave

Question: One of our employees is elderly, and he is currently out on medical leave for surgery. He has had performance issues, but we haven’t written him up for it. He’s an at-will employee, so can I demote him or eliminate his position because of his performance issues? He didn’t completely fill out his medical certification, so is he even entitled to take medical leave?

 

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Photo of Diane Buisman
Aug 10 2016
Disability  

Anxiety disorders and the ADA: Employer wins case, despite refusing employee’s accommodation request

The federal Americans with Disabilities Act (ADA) does not require an employer to grant an employee’s demand for a particular accommodation, as one employer proved in a recent case from an Oregon federal district court. The employee suffered from anxiety and claimed that she could not work with her co-worker, whose…

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Photo of Jon Benson
Jul 14 2016
Disability  

Disability accommodation requests require a careful analysis of essential job functions

A recent disability discrimination ruling highlights the importance of not jumping to conclusions in evaluating essential job functions.

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Photo of Jodi Slavik
Jun 24 2016
Disability  

Telling a California employee to see doctor not enough to satisfy interactive process

Showing just how far an employer must go to satisfy California’s Fair Employment and Housing Act (FEHA), a federal district court recently refused to dismiss an employee’s claim that his employer failed to engage in a second round of disability accommodation talks.

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Photo of Lorraine Hoffman
Apr 08 2016
Q&ADisability  

Employees with Fragrance Sensitivity: Addressing Request for a Fragrance-Free Workplace

Question: We have an employee who has indicated that he is allergic to all fragrances and has requested that we prohibit anyone from wearing perfume or cologne in the workplace, banning the use of any scented products. Do we really have to tell our employees what kind of laundry detergent they can and cannot use and that they can’t wear perfume or cologne to work?

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Jan 06 2016
Q&ADisabilityDrug and Alcohol

Do we have to hire an applicant who disclosed she is a recovering alcoholic?

Q: During an interview, a candidate mentioned that she recently completed an alcohol rehabilitation program. Could we get into any legal trouble if we decide not to hire this candidate?

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Nov 30 2015
DisabilityWorkers’ Comp

More flexibility coming for vocational rehabilitation benefits in Washington

The Department of Labor & Industries announced that it will be implementing changes in its vocational rehabilitation benefits, in response to action taken by the Legislature earlier this year.

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Photo of Kandis Sells
Nov 23 2015
Q&ADisabilityLeave Laws  

What is the law regarding pregnancy time off in Washington?

Q: We recently found out that one of our employees is five months pregnant, and may need to be on bed rest for the remainder of her pregnancy. We’re a small company; are we legally required to give her the time off?

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Photo of Lorraine Hoffman
Sep 03 2015
Disability  

No need to accommodate employee who threatened to kill co-workers

An employee who made serious and credible threats to kill his supervisor and manager was not a “qualified individual” under the Americans with Disabilities Act (ADA) and Oregon’s disability discrimination statute according to the 9th Circuit Court.

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Photo of Jon Benson
Jul 20 2015
DisabilityTermination & Resignation  

Disability discrimination found when employer avoids interactive process

One employee who was fired after a determination of a permanent partial disability in her workers’ compensation claim ended up winning a disability discrimination lawsuit. A federal district court ruled the employer could not simply rely on the workers’ compensation award of permanent partial disability in concluding the employee was unable to perform the essential functions of her job as a shipping clerk.

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