It all began when the Union Pacific Railroad told employee Perry Hopman, a combat veteran, on two separate occasions that he could not allow his service dog – a 125-pound Rottweiler named Atlas – to accompany him to work to help him with his PTSD. Hopman received his diagnosis after an 18-month tour of duty …
“Well I’m Gone to Detox Mansion”* – What Employers Should be Mindful of When an Employee Asks for Time to Enter Rehabilitation for Substance Abuse
From our perspective we appear to be experiencing an uptick in the reporting of employees testing positive for controlled substances, whether how to address positive tests for cannabis in those states in which it is legal to use either medically or recreationally, or other substances. We cannot quantify this uptick, but we have seen clients …
The Sixth Circuit Offers Employers Guidance on the Americans with Disabilities Act’s “Interactive Process”
On November 30, 2018, the United States Court of Appeals for the Sixth Circuit, in a published decision, offered guidance to employers regarding the Americans with Disabilities Act’s (“ADA”) “interactive process” and what conduct may render the employer liable under the ADA. In Brumley v. United Parcel Service, Inc., 909 F.3d 834 (6th Cir. 2018), …
Employers Always Need to Thoroughly Explore the Smallest of Reasonable Accommodations for a Disability
A recent decision from the U.S. Court of Appeals for the Sixth Circuit provides a strong lesson in the need for employers to fully explore an employee’s request for a reasonable accommodation and to when necessary be flexible in applying certain workplace policies. In the matter of EEOC v. Dolgencorp, LLD dba Dollar General Corp., …
Why Employers Should Avoid One-Size-Fits-All Handbooks
Every business is different and has different workplace issues and concerns that need to be addressed by the employee handbook. Because each workplace is so different, employee handbooks should be specifically tailored to address specific workplace concerns and issues, and also take into account federal, state, and local laws that govern that particular workplace. Application …
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