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Showing 20 posts in Americans with Disabilities Act.

Kentucky Court of Appeals Weighs in Favor of Employee: Is Morbid Obesity a Disability? Part II

August 7, 2013
Posted In ADA Amendments Act of 2008 (“ADAAA”), Americans with Disabilities Act, Employment Law, Hiring and Firing, Obesity, Pennington v. Wagner’s Pharmacy

Our post on Monday detailed background information on a recent decision from the Kentucky Court of Appeals styled as Pennington v. Wagner’s Pharmacy, Inc. Before being heard by the Court of Appeals, the case was heard at the trial court, where the court had to consider whether the plaintiff, Melissa Pennington, was disabled as defined by the Kentucky Civil Rights Act due to morbid obesity. More >

Kentucky Court of Appeals Weighs in Favor of Employee: Is Morbid Obesity a Disability?

August 5, 2013
Posted In Americans with Disabilities Act, Employment Law, Hiring and Firing, Kentucky Civil Rights Act (“KCRA”), Obesity, Pennington v. Wagner’s Pharmacy

Kentucky’s statutes, which are mirrored after the federal Americans with Disabilities Act, make it unlawful for an employer to discriminate against an employee due to a disability. KRS 344.040(1) and 207.150. In a recently-issued decision, the Kentucky Court of Appeals has greatly increased the potential liability exposure that employers may face with respect to  discrimination clams. More >

Weight For It: How Will The AMA’s New Decision Affect Employers?

July 17, 2013
Posted In ADA Amendments Act of 2008 (“ADAAA”), Americans with Disabilities Act, EEOC, Employment Discrimination Laws, Employment Law, Litigation, Obesity

In a press release issued on June 18, 2013, the American Medical Association (“AMA”) declared obesity as a “disease.” The decision was met with sharp controversy, as it automatically classified millions of overweight Americans as diseased. Critics of the classification believe that obesity is not a disease and that there is no way to determine one’s health based on a number on the scale. The AMA hopes the new label will lead to better coverage and treatment for those who suffer from obesity. More >

When a Doctor’s Note Doesn’t Cut It: Medical Exams after Leaves of Absence

June 17, 2013
Posted In Americans with Disabilities Act, Family and Medical Leave Act (“FMLA”), Human Resource Department

Sometimes an employee may need to take a leave of absence from their job; the necessity may be for a variety of reasons, including a need to address physical or mental health concerns. When the employee wishes to return to work, how does an employer know if he is really ready and able to again meet the demands of the job? More >

“Why Does She Get To Do That?” Handling Questions about Employee ADA Accommodations

April 17, 2013
Posted In Americans with Disabilities Act, Employee Handbook, Employment Discrimination Laws, Employment Law, Human Resource Department, Job Requirement

The Americans with Disabilities Act (“ADA”) requires any employer with fifteen or more employees to provide reasonable accommodations to individuals with disabilities, as long as doing so does not result in “undue hardship” to the employer. A reasonable accommodation can be any change in the work place that helps a person with a disability to enjoy equal employment opportunities. The ADA has very strict guidelines about when and how an employer may inquire about an employee’s disability. What happens, though, when a non-ADA employee asks you, the employer, why another employee is receiving perceived preferential treatment? More >

New Administrator’s Interpretation Could Expand FMLA Coverage

March 27, 2013
Posted In Americans with Disabilities Act, Employment Law, Family and Medical Leave Act (“FMLA”), Human Resource Department, U.S. Department of Labor

Under the Family Medical Leave Act (“FMLA”), eligible employees are provided up to twelve weeks of unpaid, job-protected leave per year.  Eligible employees can take FMLA leave for, among other things, the birth and care of a newborn child.  Although the FMLA broadly defines a “son or daughter” under this provision to include a “biological, adopted, or foster child, a stepchild, a legal ward, or a child of a person standing in loco parentis”, it does not expressly confirm whether employees may take leave to care for a son or daughter over the age of eighteen. More >

Employment Screening: Medical Inquiries and Examinations

December 19, 2012
Posted In Americans with Disabilities Act, Employment Law, Human Resource Department, Workplace Discrimination, Harassment and Retaliation

A number of federal and state laws protect employees from discrimination and prohibit the employer’s use of discriminatory tests and procedures to select such employees. These laws are imperative to ensure that the rights and interests of citizens are protected. What happens, however, when an employer has no discriminatory intent, but simply needs to determine whether an applicant is physically able to perform the job duties necessary for a particular position? More >

Looking at the EEOC’s Draft Strategic Enforcement Plan

October 31, 2012
Posted In Americans with Disabilities Act, EEOC, Employment Discrimination Laws, Employment Law, Hiring and Firing, Strategic Enforcement Plan (SEP), Workplace Discrimination, Harassment and Retaliation

Last month, the U.S. Equal Employment Opportunity Commission's (EEOC) released a draft of its Strategic Enforcement Plan (“SEP”). The SEP is intended to, amongst other goals, establish priorities for the EEOC in the coming years. The draft included five broad nationwide priorities, as follows: More >

Workplace Politics: Cooling the Debates

September 26, 2012
Posted In Americans with Disabilities Act, Employee Misconduct, Employment Discrimination Laws, Employment Law, Human Resource Department, National Labor Relations Act (NLRA), National Labor Relations Board (NLRB), Workplace Discrimination, Harassment and Retaliation, Workplace Politics

With the Presidential election just around the corner, employees may be talking about a lot more than gossip around the water cooler. Given the argumentative nature of politics, every employer should be listening for potentially volatile discussions, with a goal of keeping the workplace comfortable and free of hostility this election season. More >

School’s Out for the Summer!: Important Employment Law Considerations when Hiring Interns and Graduates

April 5, 2012
Posted In Americans with Disabilities Act, EEOC, Employee Contracts, Employment Discrimination Laws, Employment Law, Fair Labor Standards Act (FLSA), Hiring and Firing, Informal Discussion Letter (“EEOC Letter”), Internet & Media Law, Workplace Discrimination, Harassment and Retaliation

Spring is here, and along with the change in season comes a flurry of graduation announcements, parties, and for employers, a flurry of applications and resumes from recent high school and college graduates.  Recent graduates and interns provide a wealth of talent for many employers, and often become a core part of their operations and strategy.  However, there are a few employment law considerations that must be understood by a company’s HR representative, and really, everyone involved in the hiring process, when advertising, hiring and determining wages for your Spring hires. More >

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