Ninth Circuit Reminds Us of the Breadth of the “Regarded As ” Prong of the ADA
September 27, 2018
To bring a claim of disability discrimination under the ADA, a plaintiff must establish that he or she is entitled to coverage under the act because he or she is actually disabled, is regarded as disabled, or has a record of being disabled.
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No Fault Attendance Policy Violates ADA, Claims EEOC
August 28, 2018
The Equal Employment Opportunity Commission continues to focus on the implications of the Americans with Disabilities Act on employer "no fault" attendance policies.
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Website Accessibility Issues Under The Americans With Disabilities Act
August 27, 2018
Recently, companies across the country have received lawsuits or demand letters from plaintiffs alleging the company is violating Title III of the ADA or the state law equivalent because their websites are not fully accessible to individuals with visual or hearing disabilities.
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Conflicting Medical Opinions: Must Employee Return to Work?
July 30, 2018
Under the Americans with Disabilities Act, an employer desiring to break ties with an employee because of risks related to his disability must often show that the employee is a direct threat to harm himself, others, or company property.
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Another Misleading EEOC Press Release on the ADA…
July 25, 2018
Another recent EEOC press release has given me some concern, because I believe that it again misleads employers on their obligations under the ADA – this time with regard to associational discrimination.
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Do We Have to Allow Emotional Support Animals at Work?
July 24, 2018
The use of emotional support animals is on the rise. It's important to remember a few things.
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When the FLSA and the ADA Meet…
April 20, 2018
After a hiatus of many years, the Department of Labor has once again begun issuing opinion letters, which are responses to a particular employer’s situation that offer guidance to all employers on specific issues under the Fair Labor Standards Act.
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When Requested Leave Will Not Help Anyway
April 18, 2018
Is an employer required to extend multiple leaves of absence to an employee  when there is no anticipated return to work? No, according to a California court in the case of Ruiz v. ParadigmWorks Group, Inc.
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Yoga Is Not a Reasonable Accommodation
March 30, 2018
I was highly entertained by a recent case in which an employee requested to attend a yoga class as a reasonable accommodation under the Americans with Disabilities Act.
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Employee Pain Management and the ADA
March 29, 2018
The national opioid epidemic of course has workplace implications, as more employees either have prescriptions for or are consuming pain medicine, such as morphine or Vicodin, with or without a prescription.
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Along the Spectrum
March 2, 2018
When you are an employment lawyer, you tend to view events through a particular lens.
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ADA - Employee Mental Health - Employer Right
January 26, 2018
Concerns about workplace violence, bullying, and harassment sometimes result in employers facing a difficult choice, which is either to require a mental health fitness for duty examination or wait to see if the concerns about the employee prove to be accurate. No employer has an obligation to retain an employee whose behavior creates a potential risk of harm to the employee or others.
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Nov 08

Missouri: Midterm Elections Bring Big Changes for Employers:

Nov 08

CMS Employment Group On Your Radar - Key Employment Issues Worldwide, Fall 2018:

Nov 06

November's Question of the Month: Are mandatory, pre-employment arbitration agreements lawful in your area?