Employer-Sponsored Wellness Program

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

Website May Be Ordered To Accomodate Disabled Users

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

Jury Room becomes War Zone for AutoZone: Jury renders $185 Million Verdict Against Company for Pregnancy Discrimination

Last week, the jury in Juarez v. AutoZone Stores, Inc. (S.D. Cal. 2012), awarded a former employee $872,000.00 in compensatory damages and $185 million in punitive damages due to pregnancy discrimination she suffered at AutoZone. Plaintiff claimed that her supervisor told her he felt sorry for her when she told him she was pregnant. Soon… More

Ill Attempts to Inquire About Ebola (Or Other Health Issues) Could Plague Employers with ADA Violations

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

Employer Lawfully Terminated Disabled Employee for Inappropriate Conduct

Employers are often — perhaps with good reason– hesitant to take drastic disciplinary action against a disabled employee for fear that the employee will sue for discrimination. While the Americans with Disability Act (ADA) and other similar state and local laws prohibit unfair treatment of the disabled, the laws still permit employers to take justified… More

Facebook Shaming is Almost Never a Good Idea

An Indiana company recently found itself on the losing end of a courtroom battle over a Facebook post.  The dispute started when an employee decided to praise one co-worker and shame his colleague in connection with injury, recovery, and return to work.   Specifically, the co-worker posted: Isn’t [it] amazing how Jimmy experienced a 5 way… More