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: disabilities
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
Access to Employee Restrooms Bill Moves to the House Floor For Possible Consideration
Posted in Legislative DevelopmentsA bill which would allow individuals with certain medical conditions access to private employee restrooms in retail establishments was reported out of the Legislative Commissioner’s Office and approved by various committees on Tuesday. House Bill 6328 (download here) states that "Any retail establishment that has a restroom for employee use, which typically does not permit… Continue Reading
Paying Less Than Minimum Wage? DOL Allows It Under Special Circumstances
Posted in Laws and Regulations, Legislative DevelopmentsAs background, everyone knows that Connecticut has a minimum wage law for employment (now at $8.00 per hour, going up to $8.25 for 2010). While there are some limited exceptions to that rule (most notably for servers and bartenders who get a tip and some apprentices), it is now viewed as a societal norm that… Continue Reading
Out With the Old (Part II) – More Stories from 2008 That Might Have Been Overlooked
Posted in Human Resources (HR) ComplianceYesterday, I started recapping some stories from 2008 that never quite made it into full-fledged blog posts, but were worth a look at. Before we move on to new subjects for the new year, I’ll recap a few more stories that are worth taking a look at that you might have missed. Perhaps it’s a… Continue Reading
EEOC Issues FAQs for Employees and Employers on Performance/Conduct Issues Under the ADA
Posted in CHRO & EEOC, Discrimination & Harassment, Human Resources (HR) Compliance, Laws and RegulationsThe EEOC today released a "comprehensive question-and-answer guide" (but not regulations) addressing how the Americans with Disabilities Act (ADA) should be applied to a wide variety of performance and conduct issues. You can download the FAQs at their website here. In a press release accompanying the document, the EEOC noted that it released the guide in response to questions from… Continue Reading
Amendments to ADA Now Likely This Year; Bill Passes House and Goes On to U.S. Senate
Posted in Discrimination & Harassment, Legislative DevelopmentsNearly eight months ago, I asked the question: Will the Americans with Disabilities Act Be Amended? At that point, I indicated that an ADA Restoration Act Bill of 2007 was not yet a "hot topic" but as election season heated up, we could see some action on some proposed amendments. There have been some followup posts both in… Continue Reading
EEOC Releases Workplace Guidance to Employers on Veterans with Service-Connected Disabilities
Posted in CHRO & EEOC, Human Resources (HR) Compliance, Laws and RegulationsThe Equal Employment Opportunity Commission (EEOC) issued guidance today for employers and veterans on workplace issues affecting veterans with service-connected disabilities. You can download the guide for the employer here, and the guide for veterans here. According to the EEOC press release: The new guide for employers explains how protections for veterans with service-connected disabilities differ… Continue Reading
