Federal judge Vince Chhabria ordered three disabled/wheelchair bound frequent plaintiffs and their lawyers to prove they are entitled to bring their lawsuits in federal court, specifically because the plaintiffs brought their federal claims under the Americans with Disabilities Act (“ADA”), the plaintiffs must prove that they genuinely expected to return...
FMLA LEAVES – Dos and Don’ts Employer Family and Medical Leave Act (“FMLA”) mistakes often result in employee lawsuits. Here are some Dos: •Ensure absent employees promptly notify (1) a designated company manager of their absence, usually the employee’s manager; and (2) a designated company person, whether in-house or...
DOGS – EMPLOYEE HAS NO RIGHT TO DOG AT WORK TO ‘ENHANCE’ EMPLOYEE JOB EXPERIENCE AND HAPPINESS The case is Hopman v. Union Pacific Railroad (“RR”). Hopman was a conductor on the RR and suffered from post-traumatic stress disorder (“PTSD”). He wanted the RR employer to agree that he could...
ADA – Employee’s Refusal of Employer’s Proposed Accommodations Negates ADA Claim Here’s the sequence: employee asks for Americans with Disabilities Act (“ADA”) accommodation; if employee qualifies, employer offers reasonable accommodation; employee tries accommodation to see if it accomplishes the goal. But, a Microsoft employee rejected the company’s proposed accommodations and...
WILL YOU GET SUED BECAUSE OF YOUR WEBSITE? - ADA COMPLIANCE RISKS - Today, we are answering the question that some individuals and business owners may not even realize they need to ask: “Can I get sued if my website does not comply with the Web Content Accessibility Guidelines?” The...
EEOC Answers Questions About COVID-19, the ADA, the Rehabilitation Act and Other EEO Laws The U.S. Equal Employment Opportunity Commission issued technical Assistance Questions and Answers in a December 16th update. If you are an employer, you should review it. We provide it here in full: INTRODUCTION All EEOC materials...
COVID 19: Testing Employees and “No Shirt, No Shoes, No Mask – No Service” Policies. Employers are obligated to keep their employee safe under OSHA and other laws and regulations. Many employers are questioning what precautions and measures they can take without running afoul of the ADA, the Rehabilitation Act,...