Under the provisions of the American with Disabilities Act (ADA), as well as under many parallel state laws, individuals who successfully have completed a supervised drug rehabilitation program and who are no longer engaged in the illegal use of drugs are protected from employment discrimination. However, courts that have reviewed cases under this “safe harbor&rdquo
Termination of employee for entering alcohol rehab after a last chance agreement not necessarily a violation of the ADA.
By Maria Danaher on
One of the questions asked most often by employers relates to whether the enforcement of a “last chance agreement” with an employee who is recovering from drug or alcohol addiction is a per se violation of the Americans with Disabilities Act (ADA) or the Family and Medical Leave Act (FMLA). The 3d U.S. Circuit Court…
EEOC issues discussion points on permissible uses of “integrity testing.”
By Maria Danaher on
According to the U.S. Office of Personnel Management (OPM), “integrity testing” is a “specific type of personality test designed to assess an applicant’s tendency to be honest, trustworthy, and dependable.” Employers often associate a lack of integrity with counterproductive workplace behaviors, including theft and workplace violence.
Problems can arise when an integrity test includes questions…
Jury awards damages to employee forced to care for teenaged son suffering from cancer.
By Maria Danaher on
Posted in ADA, Caregiver discrimination
In addition to protecting qualified applicants and employees with disabilities from employment discrimination, one provision of the Americans with Disabilities Act (ADA) – the "association" provision – protects applicants and employees from discrimination based on their relationship or association with an individual with a disability, whether or not the applicant or employee has a disability.…
Employee’s failure to return from FMLA leave in a timely manner supports summary judgment for employer under the ADA.
By Maria Danaher on
In an unpublished opinion issued on October 8, 2013, the 5th U.S. Circuit Court of Appeals upheld summary judgment in favor of an employer on a claim under the Americans with Disabilities Act (ADA). The interesting – and somewhat unexpected – basis of the decision was the fact that the plaintiff/employee’s termination was based…
The OFCCP’s “7% Solution” becomes effective.
By Maria Danaher on
According to its own website, the primary responsibility of the U.S. Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP), is to: “enforce, for the benefit of job seekers and wage earners, the contractual promise of affirmative action and equal employment opportunity required of those who do business with the Federal government.” In…
Reasonable accommodation sought by disabled employee must enable employee to perform ‘essential functions’ of original job.
By Maria Danaher on
Posted in ADA, Reasonable accommodation
In an unpublished opinion, the6th U.S. Circuit Court of Appeals has held that an employee who was unable to complete the functions of her job while on part-time duty could not subsequently claim that ongoing part-time work was a reasonable accommodation for her disability. White v. Security First Associated Agency, Inc.,et al, 6th Cir., …
Written job description did not sufficiently indicate the essential nature of night shift in emergency dispatcher position.
By Maria Danaher on
Posted in ADA, Reasonable accommodation
One federal district court has ruled that a night-shift emergency dispatcher with diabetes and hypertension, whose doctor stated that the individual’s health would be improved by working day-shifts, could proceed on his claim that an employer’s refusal to allow him to work days violated the Americans with Disabilities Act (ADA). Szarawara v. County of Montgomery, …
Operating room nurse prohibited from working after drug rehab cannot support ADA failure to hire claim.
By Maria Danaher on
Posted in ADA
In a case that points out the inherent difficulty of implementing the Americans with Disabilities Act (ADA) in a situation involving safety issues, a federal district court in Connecticut determined that an operating room nurse was not qualified for protection under the ADA because he was weeks away from the end of a year-long prohibition…
Does partial deafness constitute a disability under the ADAAA? The question remains unanswered.
By Maria Danaher on
Posted in ADA
A federal court in the Eastern District of Pennsylvania granted summary judgment for a newspaper/employer who had been sued after the lay-off of a female page designer who claimed that she was let go because of her gender and her deafness in one ear. Mengel v. Reading Eagle Company, EDPA, No. 11-6151 (March 28, 2013).…