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Regular and Reliable Job Attendance Can Be Considered an Essential Function of Most Jobs

The U.S. Court of Appeals for the Eighth Circuit rejected a locomotive engineer’s “failure to accommodate claim” under the Americans with Disabilities Act, while also finding that providing an accommodation in the past does not necessarily render the accommodation reasonable….

Employers Can Reduce Worker Fatigue

​Fatigue is a growing problem affecting the workforce. Research estimates that 13% of workplace injuries can be attributed to fatigue, and 43% of Americans admit they may be too tired to function safely at work. Following are some steps employers…

The Rumor Mill Is Now Your Problem? Yes, According to the Fourth Circuit

In a decision that could have wide-ranging implications for all employers, the Fourth Circuit recently held that an employer’s failure to stop a false rumor that a female employee slept with her male boss to obtain a promotion, could give…

Job Reassignment- The Accommodation of Last Resort

Reassignment as an accommodation is an issue that has split the court circuits. Prior to looking at how courts are divided, let’s begin with the consensus. First, the Americans with Disabilities Act (“ADA”) clearly requires employers to make reasonable accommodations…

A Sign that Companies Nation-wide May Have to Consider a Ban on Pre- and Post-Employment Marijuana Drug Testing

Recently, New York law makers announced they are considering a ban on pre-employment tests for marijuana. Effectively, this would prevent employers from testing prospective employees for marijuana usage during the hiring process. This approach comes as the United States is…

Potential Congressional Change Affecting Older Workers and Discrimination

On February 14, 2019, a bipartisan group of lawmakers in the Senate and House reintroduced the Protecting Older Workers Against Discrimination Act. This bill can result in reversing a decision made by the U.S. Supreme Court in 2009 by amending…

Simple Leave of Absence Situation Leads to an Employee Discrimination Claim in California

A federal jury sided with Chipotle Mexican Grill last in a case involving disability discrimination claims by former assistant store manager, Lucia Cortez. Ms. Cortez alleged she suffered a miscarriage at work after years of trying to get pregnant, fell…

Legal Termination of an Employee Worker Impaired by Prescription Drugs

A former employee with WellStar Health System failed to demonstrate to a federal appeals court that she was terminated from her job based on a disability instead of her admission that she reported to work impaired by prescription drugs. The…

Disciplining employees for absenteeism: 8 do’s and don’ts

Employers have heard all the excuses. My alarm didn’t go off. My car broke down. My babysitter didn’t show up. I have a terrible cold. Though sometimes those excuses for being absent or late ring true, chronic absenteeism and tardiness…

Employers May Insist on Compliance with Medical Restrictions

As reported in Lexology (www.lexology.com) by Shawe Rosenthal Law Firm on December 28, 2018, courts have upheld that employers are not required to allow an employee to work in violation of medical restrictions imposed by a doctor even if the…

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