Marijuana and the workplace. What's an employer to do?
HR.BLR.com
Unavoidably, the question of marijuana use is finding itself on the HR radar. This is because there are currently over 20 jurisdictions with laws that legalize the use of marijuana for medical purposes. What’s more, five of those jurisdictions—Colorado, Washington, Oregon, Alaska, and the District of Columbia—have legalized the drug for recreational use. The trend continues, as proponents are actively lobbying the issue in other states.
Disabilities: Did employer engage in good-faith interactive process?
HR.BLR.com
The Americans with Disabilities Act (ADA) and the ADA Amendments Act of 2008 (ADAAA) prohibit employers from discriminating against employees who are (1) disabled within the meaning of the statutes and (2) qualified to perform the essential functions of their job with or without a reasonable accommodation
Ruling on Illinois beautician's disability claim makes employer's hair stand on end
HR.BLR.com
A recent decision from the U.S. 7th Circuit Court of Appeals—which covers Illinois, Indiana and Wisconsin—provides another primer for employers that need guidance on Americans with Disabilities Act (ADA) compliance. This isn’t the first case (and likely won’t be the last) in which we have recounted an employer’s infirm response to a disabled employee’s request for accommodation.
HIPAA Medical Privacy Matters: Court Permits ADA Claim To Proceed
Mondaq News Alerts
The case is Myers v. Hog Slat, Inc., which is pending in the Northern District of Iowa. Myers was employed by Hog Slat and happens to have a daughter who is very ill. So ill, in fact, that she incurred medical expenses around $1,000,000. The employer's plan is a self-insured health plan, which paid the expenses. They then terminated Myers, which they claimed was for cause. Myers sued, making claims under the Americans with Disabilities Act (ADA) and interference with benefits in violation of ERISA (a Section 510 claim).
Clear employee handbook disclaimers can put a quick end to costly litigation
HR.BLR.com
Employment handbooks and manuals are a necessity in the workplace. If you don't wish to alter your employees' at-will status, it's vitally important that your handbook contain a clear and prominent disclaimer stating as much.
Wegmans used such a disclaimer to defeat a lawsuit before it incurred the expense of discovery and before a potentially sympathetic plaintiff could take her case to a jury. This case serves as a reminder of the importance of having well-crafted, thorough employment handbooks and manuals.