Connecticut Employment Law Blog Insight on Labor & Employment Developments for Connecticut Businesses

Tag Archives: ADA

Your Company’s Wellness Program May Violate The Law, Says the EEOC

Posted in CHRO & EEOC, Highlight, Human Resources (HR) Compliance

I’ve talked about wellness programs from time to time here on the blog.  Robin Shea, on her great blog, first brought this up back in August. But since then, there are some new developments from the EEOC that employers should keep an eye out on.  Today, my colleague Marc Herman joins us for the first time to… Continue Reading

Oh Lucy! Accommodations for Religious Beliefs and Disabilities Apply Different Standards

Posted in Uncategorized

Here’s a hypothetical: A observant Jewish worker who is a recent leg amputee comes to you seeking an “accommodation”.  She works on the candy wrapping line that requires constant supervision and is staffed by only one or two people typically.  She seeks to leave her shift 4 hours early on Fridays to observe the Jewish sabbath.  She also seeks to take frequent breaks to rest for her… Continue Reading

Peanut Allergies Can Be Disabilities But Analysis Must Run Deeper

Posted in CHRO & EEOC, Discrimination & Harassment

Earlier this week, ABC News reported on the story of a woman who had severe peanut allergies who alleged that she was denied a job at a hospital because of those allergies.  I appreciated ABC News reaching out to me for comment. The facts of the story are frankly a bit unclear, so as I… Continue Reading

Coping With Mental Disorders: An Employer’s Obligations

Posted in CHRO & EEOC, Discrimination & Harassment, Highlight, Human Resources (HR) Compliance, Manager & HR Pro’s Resource Center

My colleague, Chris Engler, returns with another stellar post today tying in the news of the week.   Although you may have read a lot about Robin Williams this week, I encourage you to read one more.  As everyone knows by now, comedian and actor Robin Williams passed away on Monday after a long struggle with… Continue Reading

Wait, “Inflexible” Leave Policies Are Actually Okay? Sometimes.

Posted in CHRO & EEOC, Discrimination & Harassment, Highlight, Human Resources (HR) Compliance, Litigation

So last month we talked about how an employer may, in some circumstances, need to give additional leave as an accommodation above and beyond the Family and Medical Leave Act.  Today, my colleague Clarisse Thomas shows how the law in this area really is still developing.  She highlights a new case that comes to a different… Continue Reading

No Good Deed Goes Unpunished: The Fallout From Allowing Excessive Absences

Posted in Discrimination & Harassment, Highlight, Human Resources (HR) Compliance, Litigation

Today my colleague Chris Engler returns with a post that tackles a recent case that explores what should happen when an employee has exhausted her FMLA leave.  Case closed? Well, not exactly, as Chris explains.   Most readers have heard the admonition that “No good deed goes unpunished.”  (Readers might be less aware that the… Continue Reading

Could Telecommuting Be Deemed a “Reasonable Accommodation” Under the ADA?

Posted in CHRO & EEOC, Discrimination & Harassment, Highlight, Wage & Hour

My colleague, Gabe Jiran, (go read his impressive background here, I’ll wait) recently gave a presentation on telecommuting and I asked Gabe to share his thoughts on a notable topic that came up for discussion there.  Thus, in this post, Gabe discusses whether telecommuting could be a “reasonable accommodation.” With today’s technology, employees seem to… Continue Reading

Spiderweb Delivery? Is One Year Enough for a Leave of Absence for a Disabled Employee?

Posted in CHRO & EEOC, Class Actions, Discrimination & Harassment, Highlight, Human Resources (HR) Compliance, Manager & HR Pro’s Resource Center

You have a disabled employee out of leave for 180 days.  Your policy says that employees may be terminated after the end of 180 days. So, on day 181, can you fire the employee? Today, my colleague Christopher Parkin tackles that difficult question in a recent ADA case brought by the EEOC against a very big… Continue Reading

Continuing to Challenge Whether An Employee Has a “Disability” Under ADAAA

Posted in Discrimination & Harassment, Laws and Regulations, Litigation

When the Americans with Disabilities Amendments Act (ADAAA) passed Congress in 2008 (remember when Congress used to pass employment laws??), one of the most talked about changes was that Congress declared that the question of whether an individual’s impairment was a “disability” should not require “extensive analysis.” It was thought by some at the time,… Continue Reading

Dazed and Confused About Medical Marijuana in the Workplace? Dude, It’s Just Starting

Posted in Highlight, Human Resources (HR) Compliance, Laws and Regulations, Manager & HR Pro’s Resource Center, Wage & Hour

The news this week that Connecticut has given its approval to four medical marijuana growers in Simsbury, West Haven, Portland, and Watertown, inches the state that much closer to full implementation of the medical marijuana law that was passed in 2012. The state also reported that over 1600 individuals in Connecticut have been certified by… Continue Reading

Employment Law Statistics Tell Part of a Story; Still Waiting for CHRO

Posted in CHRO & EEOC, Discrimination & Harassment, Highlight, Human Resources (HR) Compliance

Every once in a while, it’s worth taking a look at statistics in the employment law arena to get a sense of trends with the law and what employers should focus on.For those that have been paying attention, retaliation claims are now the most filed type of charge filed at the Equal Employment Opportunity Committee… Continue Reading

Quick Hits: Carnivals, Trade Secrets, Interactive Process, Taxes and Arbitration

Posted in Discrimination & Harassment, Human Resources (HR) Compliance, Litigation, Wage & Hour

Busy week here.  So, it’s time to bring back a recurring post of “Quick Hits” of articles you may have missed along the way.  Here are some of my recent favorites: First, the October Employment Law Blog Carnival is up with a Halloween theme. Lots of great employment law articles for you to choose from…. Continue Reading

Interactive Process is Two-Way Street, Appellate Court Affirms

Posted in Discrimination & Harassment, Human Resources (HR) Compliance, Litigation

The Connecticut Appellate Court will officially release an opinion next week that reaffirms that the interactive process required by both the Americans with Disabilities Act and the state law equivalent to discuss a reasonable accommodation to a disability, requires the employee to engage in the process as well. The case, Festa v. Board of Education,… Continue Reading

Revisions to CHRO-Related Statutes Under Consideration Include Damages for Emotional Distress

Posted in CHRO & EEOC, Highlight, Legislative Developments

Whenever someone tells you that a proposed bill “clarifies” something or “simplifies” existing law, you should view such talk with a dose of healthy skepticism. Indeed, viewing the written testimony of CHRO Executive Director Robert Brothers in support of Senate Bill 1164, you could be left with the impression that the changes being proposed to the state’s anti-discrimination… Continue Reading

Appellate Court: Tenured Teachers May be Terminated for “Disability” Without Violating CFEPA

Posted in Highlight, Litigation

The Connecticut Appellate Court yesterday released two notable employment law decisions. They won’t become “official” until April 30, 2013, so you have some time to digest them.  I’ll cover one today and leave the other for a future post (though if you’re really curious you can read it here.) To me, the more interesting of… Continue Reading

Calling a Co-Worker “Stupid” Not Enough to Prove “Disability”, Court Says

Posted in Discrimination & Harassment, Highlight, Litigation

With the changes to the ADA laws a few years back broadening the definition of a “disability”, there was some speculation (including on this blog) that we would not see very many instances where a court would throw out an ADA claim on the grounds that the employee could not prove he had a disability…. Continue Reading

Is Being On Time an Essential Function of Job? Second Circuit Says Most Times But Not Always

Posted in Discrimination & Harassment, Highlight, Human Resources (HR) Compliance, Litigation, Manager & HR Pro’s Resource Center

I’m late / I’m late / For a very important date. / No time to say “Hello, Goodbye”. / I’m late, I’m late, I’m late. — White Rabbit, from “Alice in Wonderland” (1951) Let’s start with the premise, as the Second Circuit does, that “In many, if not most, employment contexts, a timely arrival is… Continue Reading

Quick Hits: Holiday Parties, HIPAA and ADA, Non-Compete Agreements, “Supervisor”, Facebook

Posted in CHRO & EEOC, Class Actions, Discrimination & Harassment, Litigation, Social Media

It’s been a crazy week here for reasons I hope to share in a future post. But in the meantime, the world of employment law still continues. Here are some items worth reading that I had hoped to talk about further. This brief recap will have to do for now. Want some tips on how to… Continue Reading

Medical Marijuana and Work: Where We Stand Now

Posted in Highlight, Human Resources (HR) Compliance, Laws and Regulations, Manager & HR Pro’s Resource Center

It’s been nearly two months since Connecticut’s “medical marijuana” law became effective.  Yet many employers have been blissfully ignorant about what the law provides, perhaps because Connecticut does not yet have a home-grown supply of marijuana and the registration process is just beginning. But because of the law’s appeal, I would expect the impact to increase substantially… Continue Reading

Medical Marijuana Giving Employers Headaches Already

Posted in Uncategorized

Today, our firm held the last of two free seminars on employment law. Thanks to all who attended. Surprisingly, one of the issues our attendees had a bunch of questions on was the new medical marijuana bill that became effective October 1, 2012.  Now, I’m not going to go back over the entire bill in… Continue Reading

Does Cabbie’s Fear of Dogs Trump Requirement to Allow Service Dogs?

Posted in Discrimination & Harassment, Highlight, Human Resources (HR) Compliance, Litigation

A cab driver, who claims he suffers from cynophobia (a fear of dogs) and who refused to pick up a blind customer with a service dog, has filed a federal lawsuit against his employer for discrimination on account of his disability after he was fired.  The suit of Ahmad v. Yellow Cab Co., which was filed… Continue Reading

Quick Hits: NY Deductions, ADA Accommodations, Offers of Judgment, FMLA Report, Facebook & Hiring

Posted in Class Actions, Human Resources (HR) Compliance, Laws and Regulations, Social Media, Wage & Hour

As the dog days of summer drag on, the news from the employment law arena slows to a trickle.  But here are a few recent stories that may be of interest to employers in Connecticut. New York recently expanded the types of things that employers can deduct from wages. For Connecticut employers with cross-border employees,… Continue Reading

Quick Hits: Medical Marijuana, Failure to Promote Standard, Starbucks and the NLRB, Labor Agreements, Social Media Policies

Posted in Discrimination & Harassment, Human Resources (HR) Compliance, Labor Law & NRLB, Legislative Developments, Social Media

Back from Memorial Day weekend, there’s plenty of employment law news that I haven’t had time to write about. So here’s a brief recap of some recent items that may be of interest to employers: With Connecticut passing a new medical marijuana bill, one question that has arisen is whether the ADA protects employees using… Continue Reading

Medical Marijuana Bill Includes Restrictions For Employers

Posted in Highlight, Human Resources (HR) Compliance, Legislative Developments

The General Assembly over the weekend passed a comprehensive bill that permits individuals to use marijuana for palliative purposes.  The bill is expected to be signed by the Governor this month. Besides just permitting individuals to use marijuana, it has several important provisions that will impact employers in Connecticut.  Unfortunately, as the history of medical marijuana… Continue Reading