Posted on September 10, 2020 by Sara J. Ackermann
Blog
The U.S. Equal Employment Opportunity Commission (EEOC) posted an update to “What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws” on September 8, 2020. The update modified the Q&As to create a user-friendly comprehensive guide addressing common questions about COVID-19 and federal equal employment opportunity laws for employers. […]
Posted on July 2, 2018 by Ruder Ware Alumni
Blog
Several recent federal court decisions have reaffirmed the right of an employer to require an employee to work extra hours or rotating hours of work as a part of the normal duties of a position provided there is legitimate reason for such requirement. In two cases, the federal courts have acknowledged that overtime can be […]
Posted on January 18, 2018 by Ruder Ware Alumni
Blog
We are seeing a growth in disability claims based upon mental health conditions which is very troubling for employers because it is hard to understand whether an employee actually has a mental health condition and it is certainly hard to quantify how that condition impacts the performance of the employee. A recent decision from the […]
Posted on October 9, 2017 by Ruder Ware Alumni
Blog
The Seventh Circuit Court of Appeals (which addresses federal court cases brought in Wisconsin) has stated in the past that it does not intend to be a “super human resource department” for employers. Recent court decisions have suggested that the Federal Court may be reconsidering that position. There have been a number of employment law […]
Posted on February 28, 2017 by Ruder Ware Alumni
Blog
One of the most troubling issues faced by human resource professionals is how to address an employee with a disability that impacts their ability to report for work. A good example is an employee who suffers from episodes of depression that affect the employee’s ability to come to work. It is almost impossible to challenge […]
Posted on December 19, 2016 by Ruder Ware Alumni
Blog
Earlier this month, the United State’s Court of Appeals for the Eleventh Circuit, in EEOC v. St. Joseph’s Hospital, Inc., announced that the Americans with Disabilities Act does not, as a reasonable accommodation, require the transfer of a disabled employee into a vacant position without consideration of the qualifications of other candidates competing for the […]
Posted on March 21, 2016 by Ruder Ware Alumni
Blog
A recent settlement of a disability discrimination lawsuit against AT&T shows that a discrimination claim can be an expensive proposition. AT&T settled a disability discrimination lawsuit brought by the Equal Employment Opportunity Commission by paying $250,000 to the Commission and re-instating an employee. The EEOC filed suit against AT&T for failing to provide a reasonable […]
Posted on January 11, 2016 by Ruder Ware Alumni
Blog
A recent lawsuit filed by the Equal Employment Opportunity Commission is a reminder that employers have a duty to accommodate an applicant for employment if the applicant identifies the need for accommodations during the application/interview process. The EEOC recently sued McDonalds Corporation for its alleged refusal to interview a deaf job applicant. The applicant indicated […]
Posted on June 9, 2015 by Ruder Ware Alumni
Blog
A recent decision by an appellate court in California held that the inability of an employee to work with a particular supervisor because of anxiety and stress caused by oversight from the supervisor was not a disability under California Disability Discrimination Law. As a result, the company did not discriminate against an employee who was […]
Posted on May 4, 2015 by Ruder Ware Alumni
Blog
In May 2014, I wrote a blog indicating a federal court of appeals decision suggested that a permanent assignment to working at home may be a reasonable accommodation for an employee suffering from a disability. Another federal court of appeals, the Seventh Circuit Court of Appeals (which covers Wisconsin), has taken a different view of […]