A recent Florida state court decision makes it clear that in that state, workers can’t be fired for the off-duty use of medical marijuana if the usage is related to a disability and the employee isn’t impaired when working.
Read MoreOur editors boast more than 60 years of experience in employment law and HR related topics. Find advice to those tricky issues such as when to terminate, as well as stay up to date with the latest regulations as they occur.
A recent Florida state court decision makes it clear that in that state, workers can’t be fired for the off-duty use of medical marijuana if the usage is related to a disability and the employee isn’t impaired when working.
Read MoreFor an hourly worker, more frequent milk-expression breaks can be unpaid if she’s completely relieved of work duties during pumping time. But what about making scheduling changes that may cut pay? According to a newly filed lawsuit, that’s not an appropriate approach.
Read MoreAccommodations under the Pregnant Workers Fairness Act can look very familiar at first glance. The PWFA requires the same interactive process as the Americans with Disabilities Act and religious accommodation under Title VII of the Civil Rights Act. The PWFA allows employers to reject specific accommodations if they can demonstrate an undue hardship. The similarity ends there.
Read MoreCorrecting slipping hygiene may be unpleasant, but it’s necessary. Reiterating company policies on dress and grooming should do the trick unless the problem runs deeper than relaxed standards. That’s where the Americans with Disabilities Act comes in.
Read MoreBe careful about ordering disabled employees to return to the office. The EEOC just sued an employer that insisted on requiring everyone to come back to the office, despite some having disabilities.
Read MoreTwo upcoming religious holidays make it an opportune time for employers to review the laws regarding religious accommodations.
Read MoreUnder the ADA, employers don’t have to go along with an accommodation that is unreasonable—one that, in the terminology of the ADA, “causes an undue hardship.” If you reject what you consider an unreasonable accommodation, be ready to explain why.
Read MoreCompeting needs may mean that even well-intentioned supervisors mishandle ADA accommodations. That’s why it’s important to train supervisors that they must honor approved disability accommodations and immediately refer all requests to modify accommodations to HR.
Read MoreAccording to the Centers for Disease Control and Prevention, about 51.6 million U.S adults, or 20.9% of the adult population, suffer from chronic pain. Of those, about 117.1 million, or 7.8%, suffer from what is characterized as high-impact chronic pain, which is so severe or persistent that it affects an individual’s daily life, including at work and home.
Read MoreThe EEOC is pursuing lawsuits over sex discrimination, age discrimination and failure to accommodate disabilities.
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