Today’s blog entry comes from a connection to mine on LinkedIn, Janette Levey Frisch, an employment lawyer in the New York City area (East Brunswick, New Jersey), blogging at EmpLaWyerologist, http://theemplawyerologist.com/. The case is Fisher v. Nissan North America, Inc., a published decision from the Sixth Circuit decided on February 27, 2020, which
business necessity
Shell Reversed on Appeal
Before getting started on the blog entry of the week, I want to congratulate the Washington Nationals on their World Series victory where for the first time, a road team won every single game. Congratulations. I will be very curious to see whether the Washington nationals go to the White House. As everyone knows, a…
Fear of Future Disability Actionable Under ADA?
Today’s blog entry deals with the question of whether taking adverse action against a person who does not currently not have a disability but where the employer fears will develop a disability in the future is actionable under the ADA. We will discuss two cases going opposite ways. They are: EEOC v. STME, LLC d/b/a/ …
Shaquem Williams, NFL, and the ADA
I was trying to figure out what to blog on this week. I had various possibilities in mind, but for one reason or the other I rejected each of them, though one of them I put back in my pipeline. As everyone knows, the ADA and professional sports has long been an interest of mine.…
Job Relatedness and Business Necessity Revisited
Hope everybody had a great holiday season and happy new year to all! Back to the grind:-)
The blog entry for the week explores two different cases dealing with disability related inquiries and medical exams of employees. The cases are from the Seventh Circuit and from the District Court of the District of Columbia.…
The Double Whammy of Pregnancy and Disability after Young v. UPS: EEOC Steps in
This is an update to the blog entry that I previously posted. I am revising it because upon further review, it is NFL season after all (Go Falcons!; Go Cubs too!), I realized that confusion was created over when the amendments to the ADA went into effect versus when the final regulations of the ADA…
Preemployment Medical Inquiries v. Preemployment Medical Exams; the Rules Aren’t Exactly the Same and Other Goodies
Hope everyone had a great Fourth of July! My daughter and I got to enjoy some fireworks. They do a nice job with the fireworks here.
Today’s case is a long one. In the typical side-by-side version that we all remember from law school, the case ran 30 pages. Nevertheless, there are lots of goodies…
The perils of relying on a physical exam subsequent to a conditional job offer
The ADA allows a physical exam to be made after a conditional job offer. That is, it is perfectly permissible under the ADA to offer a person a job conditionally subsequent to taking a physical. If the employer denies employment after the physical exam (i.e. takes back the conditional job offer), the employer must do…
Before doing a postemployment medical exam, do you need reasonable suspicion, probable cause, good cause, none of the above?
The ADA requires that an entity subject to the act cannot require a medical examination and cannot make inquiries of an employee as to whether that employee is an individual with a disability or as to the nature of the severity of the employee’s disability unless that examination or inquiry is job-related and consistent with…