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Reasonable Accomodation
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Using Post Offer Medical Questionnaires? Be Careful, Use Correctly
If your company uses post-offer medical questionnaires for new hires, listen up.  How you use the form and when you use it matters to the EEOC.  Additionally, make sure your company knows how to use the medical information and discuss results with the employee.  This month an Alabama contractor that used post-offer medical questionnaires and su...
What is a Fitness for Duty form?
Recently, a client called to ask about an employee who had complained about a back and shoulder injury.  The employee told his foreman that he did not feel that he was physically capable of performing his normal work duties as a construction laborer due to pain.  He asserted that it was a workers’ compensation case......
Employer must consider Reasonable Accommodations after FMLA expires
On March 3, 2017, Real Estate Services giant Cushman & Wakefield, headquartered in Chicago), agreed to a $100,000 settlement with the EEOC to resolve a disability lawsuit involving an Administrative Assistant with breast cancer.  A nine (9) year employee requested a medical leave of absence under the Family and Medical Leave Act (FMLA) for bre...
Can a pregnant employee use hazardous chemicals at work?
Employers are concerned about the well-being of employees.  Companies are required to follow hundreds of federal and state safety rules, including OSHA regulations, and are financially responsible for workplace injuries and illnesses suffered by employees. So, it is not surprising that company owners and managers are concerned for the well-being o...
Deaf Employee and EEOC Sue Cheesecake Factory for Inadequate Training Accommodation
SEATTLE, Wash. – On December 20, 2016, restaurant giant The Cheesecake Factory, Inc., was sued by the U.S. Equal Employment Opportunity Commission (EEOC) for allegedly failing to provide an effective accommodation for a newly hired deaf employee – instead it fired him over attendance issues.  According to the EEOC’s lawsuit, The Chee...
Mental Disability Guidance Published by the EEOC
Washington DC –  On December 12, 2016, the U.S. Equal Employment Opportunity Commission (EEOC) issued guidance on the legal rights of employees with mental health disabilities – and employers need to review this guidance.  To recap, the Americans with Disabilities Act (ADA), is applicable to employers with 15 or more employees, ...
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