This post was authored by Carla McCormack.

In December 2018, the Equal Employment Opportunity Commission (“EEOC”) removed Final Rules that permitted employers to offer incentives to encourage the disclosure of health information in connection with an employer wellness program.  This change is effective January 1, 2019.

An employer wellness program, generally offered through an

Wheelchair 2The Reasonable Accommodation Process continues to be an important issue for public sector employers. Under the ADA and FEHA, the employer has the duty to identify and implement a reasonable accommodation to allow a disabled employee to perform the essential functions of the job. Over the past several years, we have seen numerous public agencies

Prescriptions While this is not the first time a “war on drugs” has been politicized, the new war in 2016 is different than President Nixon’s 1971 declaration of war on drugs and Nancy Reagan’s 1981 “just say no” campaign. The 2016 presidential candidates are espousing the country’s desperate need to control the illegal use of legal

This blog post was authored by Alex Polishuk

Pregnant EmployeeOn July 14, 2014, the Equal Employment Opportunity Commission (“EEOC”) issued new enforcement guidelines on employer responsibilities with regard to pregnant employees under federal workplace laws.  The Enforcement Guidance on Pregnancy Discrimination and Related Issues (“Guidance”) advances the EEOC’s position that the Pregnancy Discrimination Act (“PDA”) and

EEOC SealThe EEOC issued two informal discussion letters critiquing policies and forms used by unidentified public employers when making disability related inquiries of employees.  Although informal discussion letters are not “official” EEOC opinions, they provide guidance on an employer’s legal obligations.  In these informal letters, the EEOC reviewed the agencies’ fitness for duty exam forms and

Service DogEmployers navigate a morass of federal and state employment laws on a daily basis.  Some of the more vexing and confusing laws are those related to employees with disabilities.  Often it is difficult for employers to know whether an employee is disabled or what the disability could be.  Questions that frequently arise concern whether an

Men-in-Wheelchair.jpgUnder the ADA and FEHA, the employer has the duty to identify and implement a reasonable accommodation to allow a disabled employee to perform the essential functions of the job. Common pitfalls for employers in determining appropriate accommodations are:

1.     Over-reliance on the written job description

Job descriptions are critical in the disability interactive process

apple.JPGThis blog entry was authored by Hengameh S. Safaei 

In a case of first impression, K.M. v. Tustin Unified School District, the Ninth Circuit held that a public school district’s compliance with its obligations to a deaf or hearing-impaired student under the Individuals with Disabilities Education Act (“IDEA”) does not necessarily establish compliance

TimeSheet.jpgMost of us assume that showing up for work is an essential part of our job. Most employers have attendance policies in place that require employees attendance at the work location.  However, courts have found that regular attendance is not necessarily an essential function for all jobs.  In a recent case, an employee with a