In a recent case, EEOC v. Dillard’s Incorporated (United States District Court of the Southern District of California, Docket number 08cv1780-IEG (PCL)), the court held that an employer’s policy stating that an employee’s health related absence would not be excused unless the employee furnished a note from his or her doctor stating the condition being
February 2012
Has the EEOC gone too far?
In an informal discussion letter, http://www.eeoc.gov/eeoc/foia/letters/2011/ada_qualification_standards.html , the EEOC said that using high school graduation as an automatic cut off for a job could lead to a situation where persons with disabilities are able to successfully claim that the requirement is unlawfully screening them out from the position since for a variety of reasons some…
Ripped from the headlines: direct threat
http://articles.philly.com/2012-02-08/news/31038138_1_hiv-positive-safety-of-other-students-admission
The above link involves the AIDS Law Project of Pennsylvania filing a suit in Philadelphia in December arguing that a boarding school discriminated against an HIV-positive teenager who applied to a school that served low-income families. The school is a residential boarding school. The teenager appeared to meet the initial minimum qualification for admission.…
Affirmative-action and people with disabilities
The promise of the Americans with Disabilities Act was that it would improve the workforce participation of persons with disabilities. It hasn’t happened. Therefore, the federal government is beginning to go further. Recently, the Office of Federal Contract Compliance Programs issued proposed regulations mandating affirmative-action for persons with disabilities for every government contractor that has…
Disability related inquiries, conditional job offers, medical exams, and drug testing
It is really important to know that the Americans with disabilities act deals with disability related inquiries, medical exams and drug testing in very distinct ways. Basically the way it works, is that disability related inquiries and medical exams prior to a conditional job offer are prohibited, though you can address essential functions of the…