Today’s case of the day is a published decision from the Sixth Circuit decided March 8, 2022. The case is Blanchet v. Charter Communications, LLC, here, and it contains a couple of lessons for employers. First, outsourcing HR doesn’t mean that you lose responsibility for what happens if the third-party administrator doesn’t comply with
Disability Related Conduct and Unspecified Leave is not the Same as Indefinite Leave
Today’s blog entry is a two for one, both dealing in the failure to accommodate space broadly speaking. The first case is Humphrey v. Memorial Hospitals Association, 239 F.3d 1128 (9th Cir. 2001). That case considers the question of whether conduct related to a disability has to be evaluated differently with respect to the
Naomi Osaka and Title III of the Ada
As everyone knows, Naomi Osaka made news last week in a big way. One of the things that I saw is that labor and employment bloggers were using it as an analogy for how they would deal with something like this under title I of the ADA, such as here184192212213215215. Sports commentators, such as
The new CDC Covid-19 Guidance: Will We Now See Proof of Vaccination Requirements?
I have a ton of cases in my pipeline. However, sometimes breaking developments jump the pipeline. This is one of those situations. As everybody knows, the CDC came out with new guidelines regarding mask wearing, which can be found here185198205. Everybody and anybody is talking about them, and the guidelines have big implications for
Integrated Employer and the Consequences for Failing to Engage in the Interactive Process
Before turning to the blog entry of the day, I should point out that OSHA last week, January 29, 2021, issued a guidance entitled, “Protecting Workers: Guidance on Mitigating and Preventing the Spread of Covid-19 in the Workplace.” It can be found here184185197198198204. Lots of good information in the guidance. Keep in mind, that
Even the EEOC Can Get Itself Sued and Have to go Through Discovery
Before getting started with the blog entry of the day, I want to congratulate the Tampa Bay Rays and the Los Angeles Dodgers for getting to the World Series. Tampa Bay won in seven games. The Dodgers came back and beat the Braves after trailing 3-1. Good luck to both. Sports are an escape in
CDC Mask Guidance and EEOC Guidances Dealing with Opioids
Today’s blog entry discusses the recent guidance from the CDC on consideration for wearing masks updated on August 7, 2020. It also discusses two different recent guidances from the EEOC on opioids. My thanks to Eric Meyer for pointing out the CDC guidance. He has an entry on it in his blog, here. The
EEOC and Covid-19 Part III
As everyone knows, I rarely post to blog entries in a week. However, there are exceptions. The EEOC has updated their guidance on the pandemic twice since we last wrote, including yesterday. So, I thought it would be a good time to go over the paragraphs of the EEOC guidance that we have yet to
The EEOC and Coronavirus
Don’t do this with disability related inquiries and medical exams.
Today’s blog entry is one of those situations where I spent some of my morning determining what I was going to blog on. Then, late breaking news intervened, and so I had to change it up. My original plan was to blog on
Failure to Accommodate, Direct Evidence, and the Interactive Process
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