Articles and Blogs

As we discussed here, the Equal Employment Opportunity Commission (“EEOC”) recently conducted a webinar regarding employment practices amidst the COVID-19 pandemic. During the webinar, the EEOC analyzed 22 employment-related questions. In the previous article, we addressed the first 11 questions of the webinar. We will now cover the last 11 questions for your review.... READ MORE

Health care providers who staff for safety-sensitive positions should take notice of a Seventh Circuit appeals panel ruling on October 29, 2019, that an obese applicant cannot claim a violation of the Americans with Disabilities Act for an employer’s rejection of him over concerns about future possible health conditions and related safety concerns arising... READ MORE

On June 12, 2019, the United States Court of Appeals for the Seventh Circuit joined the Second, Sixth and Eighth Circuits in determining that without evidence of an underlying physiological disorder, a plaintiff’s weight does not qualify as a disability under the Americans with Disabilities Act (“ADA”). In the Seventh Circuit case Richardson v. Chicago... READ MORE

New Jersey’s Law Mirrors Michigan’s and That of Other States Must employers accommodate off-duty use of marijuana? A recent appellate decision in New Jersey serves as a warning to Michigan employers about that question and even raises the specter of having to accommodate positive drug tests for non-disabled employees and applicants. For health care... READ MORE

OFCCP has posted new sample AAPs for protected veterans and individuals with disabilities in follow up to the substantially revised VEVRAA and Section 503 regulations that went into effect last year.  The samples show how covered federal contractors might satisfy their new regulatory requirements in their initial (aka “transition”) AAP year.  According to the... READ MORE

Have you ever heard of trypanophobia? If not, it means a fear of needles, which, in this case, resulted in a jury verdict of $2.6 million to a Rite Aid pharmacist whose fear of needles prevented him from giving flu shot immunizations as a required part of his job. Is “Needle Phobia” an ADA... READ MORE

Recently, the Sixth Circuit Court of Appeals (which has jurisdiction over courts in Kentucky, Michigan, Ohio and Tennessee) held that allowing a disabled employee to telecommute could be a reasonable accommodation under the Americans with Disabilities Act. READ MORE

OFCCP will host a free 90-minute webinar on June 12, 2014 concerning best practices for outreach and recruitment of individuals with disabilities, including disabled veterans.  Colet Mitchell and Shaun McGill from the Office of Disability Employment Policy (“ODEP”) will be the presenters.  Registration for the webinar is available here.  READ MORE

The OFCCP recently published regulations that significantly revise the affirmative action requirements for qualified individuals with disabilities (“IWDs”) and protected veterans.  The new regulations, which apply to covered federal contractors, become effective on March 24, 2014.  READ MORE

As the EEOC continues to focus on the use of unpaid leave beyond policy limits as a potential reasonable accommodation and employees continue to request leave extensions, I am frequently asked: “How do I know when enough is enough?”  Unfortunately, the determination of an undue hardship is a factual issue, and the only way... READ MORE