A federal court in Ohio has dismissed a motion for summary judgment in a case where a prospective employee was not hired after disclosing he used a prescription opioid painkiller. The case is a sign of the stigma that many people with chronic pain face as they seek employment in their respective fields. However, the plaintiff’s own motion for summary judgment was also defeated, meaning the case may have a long way to go before it is resolved.
When people think of discrimination, they often think of blatant displays of sexist, racist, or otherwise bigoted behavior. However, not all forms of discrimination are so blatant, although they can have a dramatic impact on an employee’s ability to function and prosper in their workplace. Here are five common ways employers use to try to get away with workplace discrimination: Continue reading “Five Ways Employers Hide Workplace Discrimination”
The Americans With Disabilities Act (ADA) requires all employers with 15 or more employees to make reasonable accommodations to employees with physical or psychological disabilities. For some employers, this can seem daunting, since they do not really understand what is required of them by the ADA. So, what exactly is a reasonable accommodation, and how do you know when you need to provide one? Continue reading “What is a Reasonable Accommodation Under the ADA?”
The Equal Employment Opportunity Commission (EEOC) has clarified a rule with respect to employers testing their employees for COVID infection. While it is permissible for an employer to test if an employee is currently showing signs of coronavirus infection, it is not permissible to test if they have COVID antibodies. This is an important distinction to make as people begin to return to work and the coronavirus continues to be a threat, even in places like New York where infections have leveled off. Continue reading “Mandatory Tests for Antibodies Not Permissible According to EEOC”
With many states now beginning the process of winding down their quarantine, many businesses that have been shuttered are now looking at reopening and inviting their employees back to work. However, reopening after the pandemic carries with it many questions, including what obligation employers have with respect to protecting their employees. Fortunately, the Equal Employment Opportunity Commission (EEOC) has issued guidance, telling employers how best to reopen for business. Continue reading “EEOC Issues Guidance on Returning to Work After Quarantine”