Ask the Expert: Mandatory Physical for Health Coverage?
Can an employer require an annual physical in order to sign up for the employer-sponsored health plan?
Tag: ADA
ADA: Nebraska Supreme Court Adopts Standard for Employee FFD Exams
By Bonnie M. Boryca, JD Some jobs require employees to be able to perform particular physical tasks. An employer may require applicants for those jobs to submit to a medical exam before beginning work. In certain circumstances, you may even require a current employee to submit to a medical or “fitness-for-duty” (FFD) exam to ensure […]
Court Issues Guidance to Employers Facing ADA ‘Regarded As’ Claims
By Jenie Van Hampton, JD A recent case decided by the U.S. 7th Circuit Court of Appeals—which covers Illinois, Indiana, and Wisconsin—provides helpful guidance for addressing “regarded as” disabled claims brought under the Americans with Disabilities Act (ADA).
Driver’s ADA Claim Hits a Red Light
By Gregory J. Wartman, JD A Pennsylvania federal court recently considered an employee’s Americans with Disabilities Act (ADA) claims for disparate treatment, harassment and retaliation.
FMLA and ADA Interplay Quiz: Benefits Coverage for Employee on Unpaid Leave
Although the legal requirements of the Family and Medical Leave Act (FMLA) and the Americans with Disabilities Act (ADA) are similar in some regards, at times an employer may find that the requirements of one law contradict the other. In these cases, it is important to know which law takes precedence, or “trumps,” the other.
Disabilities: Employers Must Listen Carefully to Requests for Accommodations
By Teresa Shulda, JD Sometimes it seems obvious that certain jobs require certain abilities. For example, pilots must have good vision to fly planes. And firefighters must be physically able to rescue people from burning buildings. But with other jobs, the job qualifications aren’t so obvious. That means the interactive dialogue between employers and employees […]
Ask the Expert: I’ve Got an FMLA Headache!
I have an employee who has FMLA for headaches. She said she can no longer work more than 8 hours a day. She has also requested to be changed to a different shift and department, saying that is easier on her eyes/for her headaches. We do not have any openings on the shift she requested. […]
FMLA and ADA Interplay Quiz: Medical Exam Requests after Leave
Although the legal requirements of the Family and Medical Leave Act (FMLA) and the Americans with Disabilities Act (ADA) are similar in some regards, at times an employer may find that the requirements of one law contradict the other, and the employer cannot comply with both laws. In these cases, it is important to know […]
Train to Prevent Retaliation in Your Workplace
Retaliation claims are getting more and more employers into hot water, but such claims can be prevented with good training. In particular, ensure managers at your organization are fully aware of employees’ rights under the Family and Medical Leave Act (FMLA) and the Americans with Disabilities Act (ADA).
ADA: Did Employer Have the Right to Discharge Employee for Lingering Wound?
By Libby Rasmussen, JD Employers can find themselves between a rock and a hard place when an employee’s illness or injury poses a risk to other people—e.g., patients, customers, and colleagues. Employers have an understandable desire to keep others out of harm’s way, but they could face a disability discrimination suit if they don’t execute […]