The Seventh Circuit joins the Eighth, Ninth and Tenth Circuits in holding that such a refusal would not violate the Americans with Disabilities Act. In Shell v. Burlington Northern Santa Fe Railway Company, No. 19-1030, the appellate court addressed the certified question “whether the ADA’s regarded-as provision encompasses conduct motivated by the likelihood that an employee will develop a future disability within the scope of the ADA.” Shell had applied to work in a safety-sensitive…

“What did I do wrong?” and “Am I doing this correctly?” are frequent questions from clients regarding FMLA administration.  This is the 27th blog in this series, which digs into the FMLA regulations and related issues to address discrete mis-steps that can result in legal liability. Filling an employee’s position while on FMLA leave even when it appears that the employee might not return to work. Does an employee in need of a transfer as…

The Westchester County Safe Time Leave Law takes effect today October 30, 2019.  Starting on January 28, 2020, employers must begin providing eligible new hires with a copy of the law and written notice, which is intended to explain how the law applies to them.   Employers have until January 28, 2020 to provide a copy of the law and written notice to eligible current employees. The Safe Time Leave Law also requires that employers post a…

The much-anticipated decision from the U.S. Supreme Court (SCOTUS) on Domino’s Pizza’s Petition for Certiorari is in. On October 7, 2019, the SCOTUS denied review of a decision from the Ninth Circuit Federal Court of Appeals in Robles v. Domino’s Pizza. The Ninth Circuit in Robles held that (1) Title III of the ADA covers websites with a nexus to a physical place of public accommodation, and (2) liability for not having an accessible website,…

Under the Americans with Disabilities Act (“ADA”), an employee is entitled to a reasonable accommodation if the employee has a disability and is a “qualified individual,” meaning that the employee can perform the essential functions of the position with or without reasonable accommodation. When assessing an employee’s request for an accommodation under the ADA, employers often reference the job description to identify the “essential functions” of the position. A recent federal court decision, however, serves…

With Election Day fast approaching, employers should ensure they are in compliance with state law requirements related to employee voting rights. While not all states impose requirements on employers, some impose time off obligations and notice requirements with the possibility of criminal or civil penalties for non-compliance. Applicable voting laws vary by state. Some state laws require paid time off to vote, while other state laws do not mandate such time off be paid. Laws also…

A federal appeals court upheld the termination of an employee who tested positive for amphetamines on a random drug test – despite his claim that the result was due to over-the-counter drug use – and rejected his arguments that the random drug test was an impermissible medical examination and that the Medical Review Officer’s questions constituted an impermissible disability-related inquiry. Turner v. Phillips 66 Co., Case No. 19-5030 (10th Cir. Oct. 16, 2019). You can read…