"Disability Discrimination"

Courts have held that generally employees are not obligated to make a temporary assignment permanent where an employee requests reasonable accommodation because of a disability.  This falls in line with the idea that employers are not expected to create as a form of accommodation new positions that did not previously exist.  Recently, however, this notion

For the first time, a California court has held that, under the Fair Employment and Housing Act (FEHA), an employer may distinguish between disability-caused misconduct and the disability itself in the narrow context of threats or violence against coworkers. 

In the case of Wills v. Superior Court, Linda Wills was a clerk for the

Person-Smoking.pngHospitals and other medical-related employers are at the forefront of a growing trend of employers who have adopted policies prohibiting the hiring of smokers.  This practice goes far beyond merely banning employees from smoking in the workplace.  Rather, these employers are actually telling smokers that they need not apply for employment at all, or that

This guest post was authored by Alison Carrinski

Employment-Application.pngSubstance abuse by employees costs public agencies billions of dollars each year and results in increased absenteeism, injuries on the job, and health care costs.  Pre-employment drug testing is one way for public agencies to help deter and prevent drug abusers from gaining employment.  There are, however

This guest post was authored by Judith Islas

Disability-Sign.jpgDoes an employee who retired because of disability, but is now medically cleared to return to work, have the right to get his old job back?  And, does the employer have an obligation to engage in the interactive process and agree to reasonable accommodations whenever a former