The Americans with Disabilities Act of 1990 makes it illegal for companies to discriminate in employment against a qualified individual with a disability, according to the U.S. Equal Opportunity Commission (EEOC). This legislation, which has been amended in the years since it was originally signed into law, provides guidelines to employers for accommodating and being fair
The Americans with Disabilities Act (ADA) applies to employers with 15 or more employees. Despite its broad coverage, there’s a lot of confusion about what the law requires and what its terms entail. A big reason for this confusion is the language of the law itself; the ADA speaks of nebulous concepts like undue hardship
In 2020, many people with disabilities use the emotional and physical support provided by a service animal. This means that the workplace has seen an increase of these service animals over the last decade and therefore the workforce needs to be educated on this changing environment. Let’s take a look at what constitutes a service
Question: Can we require our employees to get flu shots? Answer: While there is no law that prohibits employers from mandating flu shots — and in some states, the law requires all healthcare workers to get flu shots — you should carefully determine if the benefits to your business outweigh the risks. There has been
Question: We have a new employee in our call center who has a service dog. She came to her interview and trained without the dog, but is now asking if she can bring her dog to work. Do we have to accommodate her request? Answer: The first step will be to determine whether the dog
The Supreme Court of the United States (SCOTUS) heard several cases with employment implications during their 2018 session, including the following four cases we covered in detail. (Click the case names to read the full articles.) Encino Motorcars, LLC v. Navarro: Encino shifted the burden of proof in Fair Labor Standards Act (FLSA) overtime exemption
Question: Are we allowed to ask employees or applicants whether they’re taking prescription drugs? Answer: No. In most instances you are prohibited from asking employees and applicants about any prescription medicines they are taking. This type of medical-related inquiry is considered confidential medical information and is protected under the federal Americans with Disabilities Act (ADA) and
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