At the core of every employment relationship is the expectation that the employee will perform the job satisfactorily. But what happens to those performance expectations when an employee has a disability? As the federal government has acknowledged, The Americans with Disabilities Act, which prohibits “employment discrimination against qualified individuals with disabilities, generally do[es] not impinge… Continue Reading
Tag Archives: ADA
Court: Pregnancy Discrimination Act Covers Maternity Leave Too
Posted in Discrimination & Harassment, Highlight, LitigationHere’s an interesting question: Does the Pregnancy Discrimination Act protect an employee who is no longer pregnant? A federal court decision in Connecticut yesterday says, yes. The case, Canales v. Schick Manufacturing, Inc. can be downloaded here. The Pregnancy Discrimination Act (PDA) is part of Title VII and states that “women affected by pregnancy, childbirth,… Continue Reading
Court: No Injury by Employer = No Standing = No Case
Posted in Discrimination & Harassment, LitigationThe running joke by employment lawyers is that even though Connecticut is an at-will employment state, employees can sue their employers at any time for any reason or no reason at all. (I’ll wait while you laugh groan.) The joke touches on the perception by employers that employees can seemingly file the most frivolous of… Continue Reading
Being Wary of the Virtual Workplace
Posted in Human Resources (HR) ComplianceIs the “Virtual Workplace” — where employees can telecommute from home or merely check e-mail via a smartphone — a dangerous place for employers? No. At least not any more so than the brick and mortar one. Sure there are risks to manage, but employers are used to managing those types of situations all the… Continue Reading
Quick Hits: Employee Leave Under ADA, Law Review Articles, CBA Annual Meeting, Nonprofits, Boeing & NLRB
Posted in Discrimination & Harassment, Human Resources (HR) Compliance, Labor Law & NRLB, Social MediaAs we wrap up a week with, go figure, more rain, we’re starting to get deep into the important part of the year: The Yankees-Red Sox rivalry. In the meantime, here are a few odds and ends you might have missed or you might be interested in surrounding the world of employment law: Giving employee’s… Continue Reading
Marijuana is Decriminalized, But Employers Can Still Ban Workers From Using It
Posted in Human Resources (HR) Compliance, Legislative DevelopmentsLast week, the General Assembly approved of reduced penalties for people caught with relatively small amounts of marijuana in their possession. Notice the use in the title of the word “decriminalize”; that is a different term than “legalize”. This raises the obvious question: Can employers in Connecticut still regulate and ban employee usage of marijuana?… Continue Reading
Regarding Employee as “Paranoid” and “Irrational” Not Enough To Satisfy ADA (at least pre-ADAAA)
Posted in Discrimination & Harassment, LitigationYou’ve seen a lot on this blog about how the ADA Amendments Act (ADAAA) may have a significant impact on how employment discrimination cases proceed. We haven’t had many cases yet to judge that on because the Act was not retroactive, but a case recently decided in Connecticut District Court gives us some insight into… Continue Reading
Impairments That Merely Affect Major Life Activities Not Covered by ADA, Says Federal Court
Posted in Discrimination & Harassment, LitigationToday, my colleague Jonathan Orleans makes a return engagement to the blog, updating us on a decision released by the District Court of Connecticut yesterday that has relevance to various ADA cases in the state. The Defendant was successfully represented by another colleague of mine here at the firm, Marcy Stovall. A decision issued yesterday… Continue Reading
Quick Hits: GINA and Wellness Programs and More
Posted in Laws and Regulations, Legislative Developments, LitigationSo with the Supreme Court’s decision last week, there’s lots of other items that have slipped under the radar. (It’s Daylight Savings Time this Saturday, for example, which means spring is right around the corner.) Here’s some of things you might have missed: Wellness programs are all the rage. But do they violate GINA? That’s the… Continue Reading
Wait. Charlie Sheen Has Essential Duties? A Legal Look at His Termination Letters
Posted in Human Resources (HR) ComplianceThe media storm over the last two weeks regarding actor Charlie Sheen (and his Tiger Blood) reached a new frenzy this week as Warner Brothers Television finally issued its notice of termination of the actor. Jon Hyman, over at the Ohio Employer’s Law Blog, had a great post earlier today about this and reviewed the… Continue Reading
Is The Incredible Hulk Covered Under the ADA?
Posted in Human Resources (HR) ComplianceDecember is a notoriously slow time when it comes to employment law news. Sure, there’s the NLRB’s announcement today that it is proposing a new rule that would require all employers to put up a posting about labor rights. There’s also word that the DOL is seeking comment on issues relating to reasonable break time for… Continue Reading
Additional Guidance on New GINA Regulations Provided by the EEOC
Posted in Laws and RegulationsThe EEOC recently posted some additional guidance related to the new GINA regulations that it released that will become effective in January 2011. For small businesses, the guidance will be very helpful as companies plot their course to compliance. One document provides some additional background material on the law while the other document answers… Continue Reading
Quick Hits: Obesity and ADA; Facebook Fishing; Voting Rights; FMLA Call-In Procedures; Personnel Records; “Survivor”
Posted in CHRO & EEOC, Human Resources (HR) Compliance, Laws and Regulations, Wage & HourWith the Columbus Day holiday upon us, it’s time for another installment of "Quick Hits" where I touch on posts and topics of interest that you might have missed recently. Take note of the last post to "Outwit. Outplay. Outlast." The GT LE Blog has an interesting post on whether obesity is a physical characteristic or… Continue Reading
Second Circuit: No Individual Liability Under ADA Retaliation Provisions
Posted in Discrimination & Harassment, LitigationIt has long been the rule in the Second Circuit, that individual supervisors do not have liability under Title VII claims, based on the case of Tomka v. Seiler Corp. But can supervisors be sued individually under the ADA for retaliation? The Second Circuit last week held that individual supervisors may not be held liable under the… Continue Reading
New Postings Required for Employers Effective November 21, 2009
Posted in CHRO & EEOC, Human Resources (HR) Compliance, Laws and RegulationsKeeping track of workplace posters is assuredly one of the most mundane aspects for a human resources department but for the next few weeks, perhaps it’ll get a little more exciting. For the first time in a while, employers that are covered by federal anti-discrimination laws (typically 15 or more employees) will need to update… Continue Reading
The Swine (H1N1) Flu & The Workplace – An Update on What Employers Need to Know Now
Posted in Human Resources (HR) ComplianceWith the swine (H1N1) flu vaccine production running slower than anticipated, the hope that workplaces would avoid the full effects of a pandemic is slowly diminishing. Interesting, Connecticut is one of just 9 states that are not reporting a widespread swine flu outbreak (perhaps because the first wave hit the state fairly hard). … Continue Reading
ADA Amendments and Proposed Regulations Webinar Materials Now Available Online
Posted in Laws and RegulationsThanks to all the people who joined us for our webinar on the ADA Amendments Act and the proposed implementing regulations. Our attendance continues to exceed our expectations and we’ll continue with this monthly series every second Wednesday of the month (though note that we’ll be moving the date of the November one in honor… Continue Reading
Reminder: Free Webinar on What Employers Need to Know about ADA Proposed Regulations and ADA Amendments Act
Posted in CHRO & EEOC, Laws and RegulationsThere’s about 24 hours to go to sign up for the next free monthly webinar. It’s set for tomorrow, Wednesday, October 14th at noon. You can register for it here. A few weeks ago, the EEOC released new proposed regulations interpreting the ADA Amendments Act. These proposed regulations and the Act have raised questions for employers… Continue Reading
Second Circuit Rejects ADA Claim of Reassignment to Vacant Position
Posted in Discrimination & Harassment, LitigationThe Second Circuit has been a bit busier of late making it tougher to keep up with all the developments (though I would suggest the Wait a Second blog as a good site to follow to do so). Yesterday, in McBride v. BIC Consumer Products (download here), the Second Circuit rejected an employee’s ADA claim finding… Continue Reading
ADA Amendments Act and ADAAA Proposed Regulations – What Employers Need to Know
Posted in CHRO & EEOC, Laws and RegulationsWith the EEOC’s release of new proposed regulations interpreting the ADA Amendments Act, many employers have even more questions about this new law. What disabilities are covered? How should we deal with requests for accommodations? We’ll attempt to answer as many of these frequently asked questions as we can at our monthly webinar set for October… Continue Reading
As Race Is On Between Virus and Vaccine, EEOC Has Helpful ADA-Compliant Tips for Employers
Posted in CHRO & EEOC, Discrimination & Harassment, Human Resources (HR) Compliance, Laws and RegulationsThe next month or two will certainly be interesting around the workplace. The H1N1 Virus continues to spread around the country, a new vaccine is ready to be rolled out that experts hope will stave off further infections. And employers are, in some cases, holding their collective breath that the vaccine wins out so as… Continue Reading
The Dark Side: Putting a Stop to Workplace Rumors, Gossip and Innuendo
Posted in Discrimination & Harassment, Human Resources (HR) ComplianceThe news late Thursday afternoon came without warning from friends, a co-worker, and of course, Twitter. There was another death of a popular star. Suddenly. Tragically. Jeff Goldblum was dead. Except he wasn’t. And yet, in the span of a day — when the world lost Farrah Fawcett and Michael Jackson — a rumor was… Continue Reading
Quick Hits: BMI, E-Verify Delays, NLRB Two-Member Board Decisions, Starbucks & Tips, Twitter
Posted in CHRO & EEOC, Class Actions, Discrimination & Harassment, Human Resources (HR) Compliance, Labor Law & NRLB, Laws and Regulations, Litigation, Wage & HourWith all the developments the last week or two with the Connecticut legislative session, it’s been difficult to keep up with everything ELSE happening in employment law. So, time for a "Quick Hits" post, where I recap some of the stories you might have missed relating to the world of labor and employment law that might… Continue Reading
EEOC Releases Technical Guidance on H1N1 Flu Virus and Compliance with ADA
Posted in CHRO & EEOC, Human Resources (HR) ComplianceWhile the current outbreak of H1N1 Influenza is turning out (for now) to be less lethal than previously thought, the EEOC released guidance this week (available here) to help employers prepare for a possible pandemic and still comply with the ADA. Some of the guidance is lifted from previous statements of the EEOC but applied… Continue Reading
About Daniel Schwartz
Trusted advisor. Experienced employment law attorney. Bar leader. Award-winning author. Noted Speaker. "Legal Rebel". All can be said to be apt descriptions of Daniel Schwartz, a member of Pullman & Comley. More +
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