Legal Solutions At Work

Employers- as you might have heard, the EEOC has raised concerns about Wellness Programs posing a potential problem under the Americans with Disabilities Act (ADA).  If you have a company-sponsored Wellness Program, you probably should consider using the just-released EEOC approved sample notice.  It can be found at  https://www.eeoc.gov/laws/regulations/ada-wellness-notice.cfm And if you have questions about… More

The 9th Circuit, in Mayo v. PCC Structurals, Inc, recently issued an employer victory involving facts that seem more like television than real life. The story goes like this: An employee was diagnosed with a major depressive disorder in 1999, but was able to properly perform his job with the help of medication and counseling…. More

Consider this scenario: Your employee has an extreme allergy to perfume and other scents, which is verified by a doctor. In other words– she likely has a disability covered by the Americans with Disability Act (ADA). You know the drill — you engage in the interactive process and in an effort to accommodate her you… More

Website owners beware – a federal judge in Vermont recently ruled that a company selling its products exclusively through a website, with no physical store, may be a place of public accommodation under the ADA and if so it must accomodate visually impaired customers. In National Fed. of the Blind v. Scribd, Inc., No. 14-CV-162… More

Urine screening is a fairly common test for many employers. But as is true for most personnel issues – beware the ultimatum. Kmart learned this lesson the hard way — EEOC v. Kmart Corporation et al., Civil Action No. 13-cv-02576. The story as set forth in the Complaint sounds very typical. Applicant applies for job,… More

In Weaving v. City of Hillsboro, the Ninth Circuit recently found that an individual with ADHD was not disabled within the meaning of the Americans with Disabilities Act (“ADA”). Weaving’s employment as a police officer was terminated due to the personality conflicts he had with his subordinates. Weaving then brought suit against the police department… More

The fear of Ebola is spreading far faster than the disease. That said, instinctually, employers are tempted to ask employees pointed questions about health-related issues in order to dispel fears that they could be infected. It is important to stay cognizant of the fact that these questions may run afoul of the Americans with Disabilities… More