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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…

Keith v. Oakland County, 2011 WL 3862329 (Eastern District of Michigan September 1, 2011), is a fascinating case containing several very important points. In this case, a deaf person trained to be a lifeguard. During the training process he received a variety of accommodations and was able to complete the training successfully. However, when he…

In tort law, there such a thing as the coming and going rule. That is, if an employee acts negligently while commuting to work or coming from work, the employer is not liable for those actions. The Internal Revenue Service has a similar rule. That is, you can’t take off your mileage when you are…

Are full return to work policies kosher? A full return to work policy is a policy that says you cannot come back to work unless you are 100%. It is commonly seen in workers compensation areas. I have written for years that this policy is very problematic under the Americans with Disabilities Act. But what…

The first case we will talk about is Klene v. Trustees of Indiana University, 413 Fed. Appx. 919 (7th Cir. 2011). It is an unpublished decision and so before using it, you’ll want to check your rules on that as restrictions exist on how you can use unpublished decisions depending upon the jurisdiction you…