Yes, coming to work is an essential function

  • January 04, 2018

Under the California Fair Employment and Housing Act, workers with disabilities are entitled to reasonable accommodations. But once their employers have accommodated...

Be careful rescinding offer after medical exam

  • December 28, 2017

Employers that withdraw a job offer following a pre-employment medical examination risk being sued. Counter by being able to point to a specific task or set of tasks the...

‘Boss-ectomy’ not what FEHA doctor ordered

  • December 18, 2017

Under the California Fair Employment and Housing Act, employees who say they can’t work under a particular supervisor are not deemed to be disabled. Therefore, they...

Reassignment can be post-FMLA accommodation

  • December 11, 2017

When a disabled employee wants to return to work, limitations may make it impossible for him to do his old job. If so, it may be reasonable to either grant more leave or...

Court: No defense for quid pro quo harassment

  • November 16, 2017

With sexual harassment in the news, a ruling handed down last month by the 2nd Circuit Court of Appeals should worry employers used to avoiding liability by showing that...

100% healed back-to-work rule could backfire

  • October 31, 2017

Do you have a companywide policy that requires all workers who are out on leave to get a doctor’s certification that they are completely healed before they can return...

Fingerprint time tracking? Check state law

  • October 26, 2017

In recent years, employers have seized on biometric technologies such as fingerprint scanning as a way to control time-clock abuse. But before you rush out to buy the...