We have discussed (here and here) the problem of the reluctant employee. That is, a furloughed employee who resists the call to return to the workplace because of fear (or at least a perceived or claimed fear) of COVID exposure.
This post tackles the opposite problem: the reluctant employer. A furloughed employee wants
How much extra leave is reasonable for an employee who has exhausted FMLA but is not yet capable of returning to work? Does an employer have to keep the absent employee’s job open? What medical evidence is needed? How much interactive dialogue is enough? What about an employee is who is unreasonable and/or demanding?
A recent opinion from the Eighth Circuit provides helpful guidance about these and other problems employers face when deciding whether extended medical leave is a reasonable accommodation for an employee with a serious medical condition who is not yet capable of returning to work. See Brunckhorst v. City of Oak Park Heights, (8th Cir. 2/4/2019).Continue Reading Eighth Circuit Case Provides Guidance on How to Handle the Vexing Problem of Extended Medical Leave as a Reasonable Accommodation
Publisher’s Note: Today’s guest post is provided by Brandon Underwood, one of my colleagues at Fredrikson & Byron, P.A. Hopefully Brandon will catch the blogging bug and continue to post….
The Americans with Disabilities Act (ADA) forbids medical examinations and inquiries in employment. But not all of them. Instead, an examination or inquiry’s permissibility, and scope, turns primarily on when it occurs. Too early, and the examination violates the ADA. Too late, and it may as well.Continue Reading Court Finds Employer’s Inquiry about Health Conditions of New Employees Absorbed in Merger Complies with ADA
A divided panel of the Iowa Court of Appeals recently ruled that the rules of construction in the ADA as amended in 2008 apply to the Iowa Civil RIghts Act when determining what constitutes a disability (Knudsen v. Tiger Tots Community Child Care Center, No. 2-1011, 1/9/13). Although Knudsen is a public accommodation and not an employment case
This week we are trying out a new feature on our Blog. A weekly round-up of important, interesting, practical, or funny employment law information and news posted in blogs or otherwise on the world wide web during the past week. Please contact us with any information or feedback. Here we go for the first edition:
This post in HR Observations (Hat tip: Ohio Employer’s Law Blog) explores whether obesity could be the next characteristic to become protected under the anti-discrimination laws. A group called the "Obesity Action Coalition" complains that discrimination against obese people is widespread. Employer concern about rising costs associated with employee health coverage, workers’ compensation costs
Earlier this year, we identified the Amendments to the ADA–known as the "ADAAA" –as one of the 
top human resources challenges of 2009. The amendments became effective January 1, 2009. One of the most significant changes in the new law as compared to the old ADA concerns the definition of "disability". One of Congress intentions in the ADAAA was
A recent study of Iowa employers revealed that 51 percent offered some type of health screening to their employees. Many companies also offer other "wellness" benefits to encourage employees to exercise and adopt healthy lifestyles. The wellness program of a prominent Des Moines employer was recently profiled in the Des Moines Register (link here
A recent post at Human Resources Executive Online, entitled "Warnings from the Top". provides an excellent overview of some of the new challenges employers have been presented since the beginning of 2009. "Like it or not" say the authors, changes are coming, and employers better be prepared.
According to several attorneys the authors