Employment Law Blog

News, trends and analysis in employment law and HR

Showing posts for: Disability

Photo of Jodi Slavik
Jul 23 2013
Q&ADisability  

Summer Heat Brings Summer B.O.

Q: One of my employees smells really bad, and other employees are complaining. Is body odor a disability? Should we just ignore it as an accommodation?

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Jul 09 2013
Q&ADisabilityLeave Laws

Employee’s FMLA fitness-for-duty note can’t be refused

Q: An employee who has been on FMLA leave for his own serious health condition—a very serious heart condition—has given us a note from his doctor that says he’s fit to return to duty, but we have grave concerns about whether he can work safely. Can we require him to get a second opinion from our company doctor before we return him to his job?

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Photo of Lorraine Hoffman
Aug 28 2012
Q&ADisabilityLeave Laws  

Do we have to give a leave of absence for a new hire?

Q: We have a new employee who has recently started coming in late and missing work. Now we have been notified that he has been admitted for inpatient treatment. Are we required to give him a leave?

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Photo of Clark Malak
Aug 07 2012
Q&ADisability  

Request for extended leave may raise disability issues

Q: Two days before an employee’s FMLA leave for her own serious health condition expired, she notified the company that she has a scheduled procedure in two weeks and that two weeks after that she could return to work. Can we terminate her at the expiration of her FMLA leave?

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Photo of Jodi Slavik
Aug 07 2012
Q&ADisability  

Safety concerns following worker’s release to full duty

Q: I have a forklift driver who went to the doctor after wandering around dazed and incoherent at work. He returned with a full work release, but I’m afraid for his safety and the safety of the crew. Do I have to put him back on the forklift?

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Mar 06 2012
DisabilityHiring

EEOC clarifies stance on use of high school diploma as job requirement

The federal Equal Employment Opportunity Commission (EEOC) has received a great deal of commentary on an informal discussion letter they issued several months ago, which discussed possible discrimination issues involved with requiring a high school diploma as a job requirement. Read More…
Jan 18 2012
DisabilityHiring

ADA may require exceptions to minimum education standards

In an informal discussion letter, the U.S. Equal Employment Opportunity Commission (EEOC) recently advised that employers may need to make an exception to their minimum education requirements if an applicant was unable to obtain a degree due to a disability. Read More…
Jun 15 2011
Disability

CALIFORNIA: FEHA may require extended leaves of absence

It’s risky to automatically terminate an employee who has exhausted their protected leave, that’s what you can take away from a recent case from a California district court. An employee suffering from lupus was placed on leave under the federal Family and Medical Leave Act (FMLA) and was out for 12 weeks.…

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Mar 30 2011
Disability

Final ADA regulations defining “disability” released

More than two years after amendments to the Americans with Disabilities Act (ADA) expanded the definition of “disability,” the U.S. Equal Employment Opportunity Commission (EEOC) has finally updated its regulations to give us further guidance. The rules don’t contain any major surprises, but will frustrate anyone looking for clear definitions. Bottom line: It is very…

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