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Tag Archives: ADA

Now Available! Weintraub Tobin’s 2018 Labor and Employment Seminar and Training Schedule

Posted in Disability Discrimination, Discrimination, Employee Privacy Rights, Employment Contracts and Agreements, Harassment, Labor Law, New Legislation and Regulations, Reductions in Force, Retaliation and Wrongful Termination, Trade Secrets and Competition, Uncategorized, Wage & Hour

Weintraub Tobin’s 2018 Labor and Employment Seminar and Training schedule is now available.  Click here for a copy of the schedule. If you have any questions on any of our seminars or would like to inquire on private, custom-tailored training, please contact: Ramona Carrillo (916) 558-6046 rcarrillo@weintraub.com

The EEOC Is At It Again – New Enforcement Guidance On Retaliation Issued On August 29, 2016

Posted in Discrimination, Labor Law, New Legislation and Regulations

On August 29, 2016, the EEOC issued new Enforcement Guidance on Retaliation which replaces its 1998 Compliance Manual section on retaliation. The Guidance also addresses the separate “interference” provision under the Americans with Disabilities Act (ADA), which prohibits coercion, threats, or other acts that interfere with the exercise of ADA rights.  According to the EEOC,… Continue Reading

The EEOC’s Final Rules On Employer Wellness Programs

Posted in Employee Privacy Rights, Employment Contracts and Agreements

The U.S. Equal Employment Opportunity Commission (“EEOC”) recently issued two final rules confirming that employers can offer limited incentives (in the form of a reward or avoidance of a penalty) to encourage employees and their spouses to participate in workplace wellness programs.  Under these new rules, employers who offer wellness programs will be allowed to… Continue Reading

THE EEOC JUST KEEPS ON GIVING! New “Guidance” Document Re: Employer-Provided Leaves And The ADA

Posted in Disability Discrimination, Discrimination, Employee Privacy Rights, FMLA and Other Leaves of Absence, Labor Law, New Legislation and Regulations, Wage & Hour

On May 9, 2016 the EEOC issued yet another “guide” – this time to outline its position on when and how leave must be granted for reasons related to an employee’s disability under the Americans with Disabilities Act (“ADA”).  The publication, entitled “Employer-Provided Leave and the Americans with Disabilities Act,” contains information on the EEOC’s… Continue Reading

Ninth Circuit Says Employee Who Made Death Threats Against His Co-Workers Could Not Sue His Employer For Disability Discrimination

Posted in Disability Discrimination, Discrimination, Labor Law, New Legislation and Regulations

Joining similar holdings from several other circuits, the Ninth Circuit recently held in Mayo v. PCC Structurals, Inc. that a depressed employee who threatened to kill his co-workers and was thereafter fired was not a qualified individual under the ADA.  The court therefore affirmed the district court’s summary judgment on the employee’s disability discrimination claim…. Continue Reading

EEOC Weighs in on Employer Wellness Programs

Posted in Disability Discrimination, Discrimination, Employee Privacy Rights, Labor Law, New Legislation and Regulations, Wage & Hour

Employer-sponsored “wellness programs” have become very popular, and are touted for the potential benefits to employees and employers alike: reduced absenteeism, lowered health care costs, reduced injuries, improved morale and productivity.  But are these programs compliant with the ADA and other federal laws? The U.S. Equal Employment Opportunity Commission (“EEOC”) has issued proposed regulations that… Continue Reading

Why Employers Should Think Twice Before Making Employees Play Hurt

Posted in FMLA and Other Leaves of Absence, Labor Law, Wage & Hour

Recently, my Alma Mater, The University of Southern California, was sued by a former member of the Trojan football team.  Former cornerback Brian Baucham filed a lawsuit against USC and former coach Lane Kiffin, alleging he suffered permanent injuries after being forced to play in a game while he was ill.  Baucham’s lawsuit claimed that… Continue Reading

SPACE STILL AVAILABLE – SEAC Seminar – The What and Who: The FMLA/CFRA, ADA/FEHA, PDL, and Labor Code – Oh My!

Posted in FMLA and Other Leaves of Absence, Labor Law, Wage & Hour

Following the Yellow Brick Road of Employee Leave Rights and Accommodations.  SEAC invites you to spend the morning with attorneys and leave and accommodation experts Lizbeth (“Beth”) West and Charles (“Chuck”) Post from Weintraub Tobin as they discuss the ins and outs of this difficult area of employment law. Date:         Wednesday, August 20,… Continue Reading

SEAC Seminar – The What and Who: The FMLA/CFRA, ADA/FEHA, PDL, and Labor Code – Oh My!

Posted in FMLA and Other Leaves of Absence, Labor Law, New Legislation and Regulations, Wage & Hour

Following the Yellow Brick Road of Employee Leave Rights and Accommodations.  SEAC invites you to spend the morning with attorneys and leave and accommodation experts Lizbeth (“Beth”) West and Charles (“Chuck”) Post from Weintraub Tobin as they discuss the ins and outs of this difficult area of employment law. Date:         Wednesday, August… Continue Reading

Upcoming Seminar: The Complex Web of Federal, State and Local Leaves of Absence Laws

Posted in FMLA and Other Leaves of Absence, Labor Law, New Legislation and Regulations

Summary of Program Employers continue to grapple with this very difficult area of employment law. It is not enough to focus on just one law when an employee is unable to work or is absent from the workplace due to some medical condition or injury suffered by the employee or his or her family member…. Continue Reading

THE EEOC IS “OFF TO THE GINA RACES”

Posted in Disability Discrimination, Labor Law

JUST ONE WEEK AFTER FILING (& SETTLING) IT’S FIRST EVER “GINA” LAWSUIT, IT HAS NOW FILED ITS FIRST “GINA” CLASS ACTION By:  Lizbeth V. West, Esq. The EEOC issued a press release on May 16, 2013 announcing that it has filed a class action against The Founders Pavilion, Inc. (“Founders”), a nursing and rehabilitation center… Continue Reading

EEOC Issues Revised Publications Regarding the Employment Rights of People with Specific Disabilities

Posted in Labor Law, New Legislation and Regulations

By:  Lizbeth V. West, Esq. On May 15, 2013, the EEOC issued a press release announcing revised publications regarding employment rights for four categories of individuals with specific disabilities. The publications address how the Americans with Disabilities Act (ADA) applies to applicants and employees with cancer, diabetes, epilepsy, and intellectual disabilities.

Which Way To Go On The Interactive Process?

Posted in Labor Law

By:   Brendan J. Begley A federal appellate court in the Midwest issued a decision this week that may provide a false sense of security to California employers regarding the extent of their obligation to accommodate disabled employees. See Basden v. Professional Transportation, Inc., Case No. 11-2880 (7th Cir. May 8, 2013).

Upcoming Seminar: The Complex Web of Federal, State and Local Leaves of Absence Laws

Posted in FMLA and Other Leaves of Absence, Labor Law

Employers continue to grapple with this very difficult area of employment law. It is not enough to focus on just one law when an employee is unable to work or is absent from the workplace due to some medical condition or injury suffered by the employee or his or her family member. Instead, employers need… Continue Reading

Upcoming ADA Seminar: Defense Strategies and Attorney Fee Awards

Posted in Disability Discrimination

Join us at this year’s “ADA: Defense Strategies and Attorney Fee Awards in Light of Recent Legislation and Jankey v. Lee” seminar where Weintraub attorney Lizbeth West will be speaking as one of the panelist in regards to: An overview of the Jankey v. Lee decision Recent Federal and State Legislation Establishing available affirmative defenses… Continue Reading

The Fourth Circuit Court Says Pregnant Employee Not Entitled to Accommodation

Posted in Disability Discrimination, Discrimination, FMLA and Other Leaves of Absence, Labor Law

By:    Duyen T. Nguyen In Young v. UPS, 2013 U.S. App. Lexis 530, a UPS worker sued her employer for sex and race discrimination under Title VII and for disability discrimination under the ADA on the basis of her pregnancy. On January 9, 2013, the Fourth Circuit Appellate Court issued a decision affirming the district court’s… Continue Reading

The California Supreme Court Issued A Win For Businesses Who Prevail In Disability Access Cases In California

Posted in Labor Law

By:  Lizbeth V. West, Esq. On December 17, 2012, the California Supreme Court issued its decision in Jankey v. Lee. The Court ruled that prevailing defendants in disability access cases brought under both the Americans with Disabilities Act (“ADA”) and California Civil Code section 55 are entitled to their attorney’s fees just like prevailing plaintiffs are…. Continue Reading

Is Leave Required As An Accommodation If It Is Unclear If The Employee Will Be Able To Perform The Job In The Near Future?

Posted in Disability Discrimination, Discrimination, FMLA and Other Leaves of Absence, Retaliation and Wrongful Termination

By:       Lizbeth V. West, Esq. Robert v. Board of County Commissioners of Brown County, Kansas, et. al. (10th Cir. Aug. 29, 2012) No. 11-3902 The job description for Robert’s job as a supervisor of felony offenders included 18 “essential functions.”   Some of those included functions like performing drug screenings, ensuring compliance with court orders, testifying… Continue Reading

Is It Discrimination To Require A High School Diploma?

Posted in Disability Discrimination, Discrimination

By:       Scott M. Plamondon The Equal Employment Opportunity Commission (“EEOC”) thinks so. The EEOC recently posted a letter to its website stating that it may be unlawful for employers to require a job applicant to have obtained a high school diploma if the applicant suffers from a learning disability and has been unable to obtain one. The… Continue Reading

ADA Amendments Act

Posted in Disability Discrimination

On September 25, 2008, the ADA Amendments Act of 2008 was signed into law by President Bush. It becomes effective January 1, 2009. This new law is designed to undo several Supreme Court decisions and thereby broaden the number of individuals who can seek protection under the Americans with Disabilities Act (ADA). The amendments include… Continue Reading