Articles and Blogs

Disability

EEOC Provides COVID-19 Guidance Via Webinar (Part II)

[04/21/20]

Posted on April 21, 2020 in HR Insights for Health Care

Published by: Hall Render

As we discussed here, the Equal Employment Opportunity Commission (“EEOC”) recently conducted a webinar regarding employment practices amidst the COVID-19 pandemic. During the webinar, the EEOC analyzed 22 employment-related questions. In the previous article, we addressed the first 11 questions of the webinar. We will now cover the last 11 questions for your review.... READ MORE

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Future Impairments Caused by Obesity Not Covered by ADA

[11/01/19]

Posted on November 1, 2019 in HR Insights for Health Care

Published by: Hall Render

Health care providers who staff for safety-sensitive positions should take notice of a Seventh Circuit appeals panel ruling on October 29, 2019, that an obese applicant cannot claim a violation of the Americans with Disabilities Act for an employer’s rejection of him over concerns about future possible health conditions and related safety concerns arising... READ MORE

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Seventh Circuit: Obesity Alone Is Not Protected Under the ADA

[07/09/19]

Posted on July 9, 2019 in HR Insights for Health Care

Published by: Hall Render

On June 12, 2019, the United States Court of Appeals for the Seventh Circuit joined the Second, Sixth and Eighth Circuits in determining that without evidence of an underlying physiological disorder, a plaintiff’s weight does not qualify as a disability under the Americans with Disabilities Act (“ADA”). In the Seventh Circuit case Richardson v. Chicago... READ MORE

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A Marijuana Wake-Up Call on Accommodating Employees with Disabilities

[04/15/19]

Posted on April 15, 2019 in HR Insights for Health Care

Published by: Hall Render

New Jersey’s Law Mirrors Michigan’s and That of Other States Must employers accommodate off-duty use of marijuana? A recent appellate decision in New Jersey serves as a warning to Michigan employers about that question and even raises the specter of having to accommodate positive drug tests for non-disabled employees and applicants. For health care... READ MORE

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OFCCP Posts New Sample AAPs for Veterans and Individuals with Disabilities

[05/28/15]

Posted on May 28, 2015 in HR Insights for Health Care

Written by: Jonathan C. Bumgarner

OFCCP has posted new sample AAPs for protected veterans and individuals with disabilities in follow up to the substantially revised VEVRAA and Section 503 regulations that went into effect last year.  The samples show how covered federal contractors might satisfy their new regulatory requirements in their initial (aka “transition”) AAP year.  According to the... READ MORE

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Jury Awards $2.6 Million to Pharmacist with “Needle Phobia”

[01/28/15]

Posted on January 28, 2015 in HR Insights for Health Care

Written by: Stephen W. Lyman

Have you ever heard of trypanophobia? If not, it means a fear of needles, which, in this case, resulted in a jury verdict of $2.6 million to a Rite Aid pharmacist whose fear of needles prevented him from giving flu shot immunizations as a required part of his job. Is “Needle Phobia” an ADA... READ MORE

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OFCCP to Host Free Webinar on Recruitment of Individuals with Disabilities

[06/06/14]

Posted on June 6, 2014 in HR Insights for Health Care

Written by: Jonathan C. Bumgarner

OFCCP will host a free 90-minute webinar on June 12, 2014 concerning best practices for outreach and recruitment of individuals with disabilities, including disabled veterans.  Colet Mitchell and Shaun McGill from the Office of Disability Employment Policy (“ODEP”) will be the presenters.  Registration for the webinar is available here.  READ MORE

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How Do I Decide if a Request for a Leave of Absence Is a Reasonable Accommodation or Undue Hardship?

[03/03/14]

Posted on March 3, 2014 in HR Insights for Health Care

Written by: Jennifer H. Gonzalez

As the EEOC continues to focus on the use of unpaid leave beyond policy limits as a potential reasonable accommodation and employees continue to request leave extensions, I am frequently asked: “How do I know when enough is enough?”  Unfortunately, the determination of an undue hardship is a factual issue, and the only way... READ MORE

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