Vigilant Blog

An Oregon court recently dismissed a preschool teacher’s disability claim because she refused to submit to a fitness-for-duty exam. The teacher had obsessive compulsive disorder (OCD) and had reported to human resources that she was dealing with severe anxiety. Concerned about the safety of the teacher and students, the school requested that the teacher undergo…

An employee received the green light to sue his employer after the employer withdrew his telecommuting privileges and then fired him 30 days following his disclosure that he needed to work from home due to a social anxiety disorder. The logistics employee worked for his employer for three years and, after receiving positive reviews, was…

The Equal Employment Opportunity Commission (EEOC) has issued new enforcement guidance and questions and answers about the Pregnancy Discrimination Act (PDA), with a controversial twist. The guidance says employers must treat pregnant workers with limitations the same as other employees who are unable to perform their jobs without making a distinction based on the source…

Q: We want to make sure our employees remain healthy and able to do their jobs. Can we require them to submit to an annual fitness-for-duty exam? A: No. Absent specific performance related concerns or an observable risk of harm, the Americans with Disabilities Act (ADA) prevents you from requiring that your employees submit to…

In a scorching rebuke to an employer, a federal district court ruled against the company for unilaterally revoking a long-observed disability accommodation and ultimately firing the employee. The employee was a chemical engineer who was diagnosed with Attention Deficit Hyperactivity Disorder (ADHD) and Bipolar Disorder. The employee requested a change in schedule from 8:30-5:00 to…

An employer’s hasty decision that an employee with a disability could not perform the “essential functions of the job” ended up backfiring in an expensive way. That was the result of a federal district court’s ruling, which allowed the employee’s case to proceed to trial. One of the employee’s main tasks was to regularly lift…