Recently, a federal judge concluded that an employer accused of contacting a healthcare provider to confirm its suspicions that one of its employees had submitted a false medical…
Search Results for: arizona medical marijuana
Here’s what not to do when an employee discloses her disability on her first day of work.
…inquiries and medical examinations, even if job-related. Instead, what an employer can do is ask an individual how they can perform job functions. Only after making a conditional job offer…
Court denies 17 states’ challenge to abortion leave under the EEOC’s pregnancy regulations
…work, for a worker’s known limitations related to pregnancy, childbirth, or related medical conditions, unless the accommodation will cause the employer an undue hardship. In their lawsuit, the States had…
How did this employer terminate an employee while on FMLA without violating the law?
Employers cannot interfere with employee rights under the Family and Medical Leave Act. However, the FMLA doesn’t exonerate employee misconduct, including when an employer discovers it during the leave….
Supervisors playing doctor — unless they’re doctors — is a bad idea
…claims. Both involve supervisors who allegedly thought they knew more than medical professionals. They were wrong. In the pending lawsuit, the EEOC alleges the employer hired a package delivery…
Court: Denying coverage for gender-affirming care to transgender employees is sex discrimination
…plaintiff’s healthcare providers determined that a vaginoplasty—a surgical procedure to feminize her genitals—was medically necessary. However, the defendant and its third-party administrator denied the plaintiff’s request for coverage based on…
This guy didn’t need an accommodation to perform his job. He wanted one to avoid discipline.
…had some medical conditions, including major depression, PTSD, and a diagnosed sleep disorder. To treat his symptoms, the employee took over-the-counter medications that also made him drowsy. So, the employee…
Man tests positive for marijuana, blames it on his lip balm, and doubles down with an ADA lawsuit.
use medical cannabis to treat. For now, however, marijuana remains a Schedule One drug. So, the Americans with Disabilities Act does not protect individuals with actual disabilities who lose their…
With the DEA reportedly ready to ease restrictions on marijuana, the ADA landscape changes for employers
…marijuana users with disabilities. Historically, federal courts have determined that the ADA does not protect individuals with disabilities with valid medical marijuana prescriptions who lose their jobs for testing positive…
DOL to Employers: Using artificial intelligence does not excuse compliance with the FLSA and FMLA
…and Medical Leave Act. For example, an employer must exercise reasonable diligence to learn about the hours employees work, whether scheduled or not, and to keep accurate records of hours…