Potential leave entitlement doesn’t end with the exhaustion of 12 weeks of leave under the Family and Medical Leave Act (FMLA) but may be extended for a specified period of time under... Read more »
Takeaway: Because of technological advances and the COVID-19 pandemic, determining whether in-person attendance is an essential function of a specific job has become much more of a case-specific inquiry. A radiology department... Read more »
Takeaway: Equal Employment Opportunity Commission guidance instructs that the Americans with Disabilities Act (ADA) may protect an employee with alcoholism—one able to perform the essential job functions, with or without an accommodation,... Read more »
The U.S. Supreme Court heard arguments in a case that will determine whether fraud whistleblowers alleging retaliation must prove their employer acted with retaliatory intent. In oral arguments on Oct. 10 for... Read more »
The U.S. Equal Employment Opportunity Commission (EEOC) recently released an updated instructional booklet to help employers properly fill out their 2022 demographic data on the EEO-1 form. “We’ve worked to modernize the... Read more »
Takeaway: This decision underscores the fact that the employer retains ultimate discretion in choosing among reasonable accommodations. Providing additional unpaid leave for necessary treatment in some circumstances should not be overlooked when... Read more »
The U.S. Equal Employment Opportunity Commission (EEOC) recently sued Walmart in federal court for terminating employees whose disabilities prevented them from passing an employment test. The lawsuit claims Walmart managers in Arkansas... Read more »
Takeaway: A legitimate nondiscriminatory reason for termination supported by a company investigation, often conducted while an employee is on administrative leave, can help an employer defend itself from discrimination and retaliation claims.... Read more »
Takeaway: The court concluded that it could not draw a bright line and determine when the Americans with Disabilities Act (ADA) required a commuting accommodation and when it did not. The 7th... Read more »
The U.S. Equal Employment Opportunity Commission (EEOC) has proposed new guidance for employers on how it enforces laws that prohibit workplace harassment. The proposed guidance, published on Oct. 2 in the Federal... Read more »
