An employee who operates a forklift begins to act erratically. While he had always been a solid performer, his judgment is off, and he is quick to become angry. The supervisor fears he might injure someone. What should the...more
According to the Centers for Disease Control and Prevention (CDC), approximately 40 percent of U.S. adults are obese. The CDC uses the Body Mass Index (BMI) as the benchmark for obesity. BMI is a calculation based on height,...more
When faced with an employment discrimination, harassment or retaliation claim, often the immediate response is, “We are going to defend ourselves and prove we are right,” followed by, “So what will it cost us if we lose?”...more
4/5/2018
/ ADEA ,
Americans with Disabilities Act (ADA) ,
Attorney's Fees ,
Back Pay ,
Civil Rights Act ,
Discrimination ,
Employer Liability Issues ,
Employment Discrimination ,
Employment Litigation ,
Fee-Shifting ,
Front Pay ,
Hiring & Firing ,
Wage and Hour
Aberrant workplace behavior caused by stress or a psychological condition is not uncommon. However, such behavior can also cause employers to become anxious regarding how to lawfully deal with the disruption and its effect on...more
7/21/2016
/ Affirmative Defenses ,
Americans with Disabilities Act (ADA) ,
Corporate Counsel ,
Dangerous Condition ,
Employer Liability Issues ,
Hiring & Firing ,
Independent Medical Review ,
Medical Examinations ,
Medical Leave ,
Popular ,
Probationary Employees ,
Rehabilitation Act ,
Termination ,
Workplace Violence
With the passage of the Americans with Disability Amendments Act, (ADAAA), Congress very purposefully moved disability-related inquiries away from whether employees are “qualified individuals with a disability” and refocused...more