Who Cares for Whom? FMLA Inclusion Act Not Quite All InclusiveThe proposed Family and Medical Leave Inclusion Act would allow an employee to take time off to care for an expanded list of covered relationships, including a same sex partner, a domestic partner, parent-in-law, adult child, sibling, grandchild or grandparent. The FMLA already allows an eligible employee to take time off to care for a … Continue reading Who Cares for Whom? FMLA Inclusion Act Not Quite All InclusiveMay 23, 2013 |
EEOC’s Record Jury Verdict of $240 Million in ADA Turkey Farm Case Reduced to $1.6 MillionIn what the EEOC has called “one of its finest moments” in its effort to “combat employment discrimination,” a jury awarded $240 million to 32 individuals in an ADA case brought by the EEOC. It was the EEOC’s largest jury verdict ever. The award for compensatory and punitive damages amounted to $7.5 million per individual. … Continue reading EEOC’s Record Jury Verdict of $240 Million in ADA Turkey Farm Case Reduced to $1.6 MillionMay 19, 2013 |
EEOC Brings GINA Class Claim Challenging Family Medical History InquiriesThe EEOC has brought a class action under the Genetic Information and Nondiscrimination Act (GINA) against a nursing and rehabilitation center, alleging that the defendant-employer "requires a class of applicants and employees to provide genetic information in response to questions about family medical history" as part of its pre-employment, return-to-work and annual medical exams of … Continue reading EEOC Brings GINA Class Claim Challenging Family Medical History InquiriesMay 19, 2013 |
Mammography Tech with Epilepsy Unqualified under ADA Because Unconscious During SeizuresA mammography tech with epilepsy is not a qualified individual with a disability under the ADA because she cannot perform the essential functions of her job "during the indefinite periods in which she was incapacitated," according to the Eighth Circuit Court of Appeals. Olsen v. Capital Region Medical Center (8th Cir. May 7, 2013). We … Continue reading Mammography Tech with Epilepsy Unqualified under ADA Because Unconscious During SeizuresMay 18, 2013 |
EEOC Issues Revised Guidance on ADA’s Application to Certain DisabilitiesOn May 15, 2013, the EEOC issued revised “Q & A” documents addressing how the ADA applies to job applicants and employees with cancer, diabetes, epilepsy and learning disabilities. http://www.eeoc.gov/eeoc/newsroom/release/5-15-13.cfm Each of the revised Q & A documents also answers questions about topics such as: when an employer may obtain medical information from applicants and … Continue reading EEOC Issues Revised Guidance on ADA’s Application to Certain DisabilitiesMay 17, 2013 |
Flexible Work Schedule Not a Reasonable Accommodation under ADA When Punctual, Regular Attendance is an Essential FunctionA flexible work schedule is not a reasonable accommodation if it will not allow the employee to perform the essential functions of her job, which can include regular and punctual attendance, according to the Tenth Circuit. Murphy v Samson Resources Co. (10th Cir. May 8, 2013). The court affirmed summary judgment in favor of the … Continue reading Flexible Work Schedule Not a Reasonable Accommodation under ADA When Punctual, Regular Attendance is an Essential FunctionMay 13, 2013 |
FMLA Leave: Pre-Post Protected; Pre-Pre NotAre employees who request FMLA leave before they are eligible for the leave entitled to the protections of the FMLA? It depends on whether the employee requesting leave will be eligible at the time of the leave. The Eleventh Circuit Court of Appeals has held that the FMLA protects a pre-eligibility request for post-eligibility leave. … Continue reading FMLA Leave: Pre-Post Protected; Pre-Pre NotMay 12, 2013 |
ADA Claim Dismissed Even Though Absences Caused by DisabilityAn employer lawfully terminated an employee pursuant to an attendance policy that did not distinguish between absences for medical reasons and other reasons, according to the Seventh Circuit Court of Appeals. Basden v. Professional Transportation, Inc. (7th Cir. May 8, 2013). Some of the plaintiff’s absences were due to the onset and symptoms of her … Continue reading ADA Claim Dismissed Even Though Absences Caused by DisabilityMay 12, 2013 |
Florida Legislature Puts Kibosh on Local Leave LawsFlorida may join Wisconsin and Indiana in putting the kibosh on local leave and attendance laws in their states. On May 2, 2013, the Florida Legislature passed House Bill 655, which prevents Florida’s political subdivisions from requiring private employers to provide employees with disability, sick leave or “personal necessity” benefits, among others. The bill, which … Continue reading Florida Legislature Puts Kibosh on Local Leave LawsMay 11, 2013 |
EEOC to Explore Treatment of Wellness Programs Under Federal LawThe Equal Employment Opportunity Commission (EEOC) is holding a public meeting this Wednesday, May 8, 2013, to discuss how wellness programs should be treated under various federal laws such as the Americans with Disabilities Act (ADA), the Genetic Information Nondiscrimination Act (GINA) and other statutes enforced by the EEOC. The EEOC will hear from at … Continue reading EEOC to Explore Treatment of Wellness Programs Under Federal LawMay 2, 2013 |
Practices
Services
- Advice and Counsel
- Affirmative Action, OFCCP and Government Contract Compliance
- Class Actions and Complex Litigation
- Collegiate and Professional Sports
- Corporate Diversity Counseling
- Corporate Governance and Internal Investigations
- Disability, Leave and Health Management
- Employee Benefits
- ERISA Complex Litigation
- Immigration
- Alternative Dispute Resolution
- Background Checks
- Biden’s Impact on Employers
- Biometrics
- California Advice and Counsel
- California Class and PAGA Action
- California Consumer Privacy Act
- COVID-19
- Data Analytics
- Disability Access Litigation and Compliance
- Diversity and Inclusion Efforts that Really Work
- Drug Testing and Substance Abuse Management
All Offices