Archive for the ‘Disabilities’ Category

“100% Healed” Policies Violate Duty to Accommodate

The California Department of Fair Employment and Housing (DFEH) recently obtained a settlement that highlights a mistake that employers often make: requiring employees to be 100-percent healed before they can return to work after an injury. In fact, blanket policies that say an employee must be 100-percent healed before he/she can return to work after […]

22 Feb 17 - Disabilities - Gail Cecchettini Whaley - No CommentsRead More »

EEOC Provides Guidance on Mental Health Conditions and Work

The federal Equal Employment Opportunity Commission (EEOC) recently announced the publication of a resource document, “Depression, PTSD, & Other Mental Health Conditions in the Workplace: Your Legal Rights”, that explains workplace rights for applicants and employees who suffer with mental health conditions. Many mental health conditions, such as major depression, post-traumatic stress and other conditions, […]

27 Dec 16 - Disabilities - Gail Cecchettini Whaley - No CommentsRead More »

ADA, employees with disabilities

New Guidance on Employer Provided Leave and the ADA

The federal Equal Employment Opportunity Commission (EEOC) recently released a new resource document relating to the rights of employees with disabilities who are seeking leave as a reasonable accommodation under the Americans with Disabilities Act (ADA). According to the EEOC, disability charges filed with the agency reached a new high in fiscal year 2015 and […]

20 May 16 - Disabilities, Time Off - Gail Cecchettini Whaley - No CommentsRead More »

EEOC Settles Firing of Nurse with Cancer Case

The nationwide healthcare provider Dialysis Clinic, Inc. (DCI) recently settled a disability lawsuit involving the alleged firing of a nurse who needed more medical leave to complete her cancer treatment. The lawsuit was filed last year by the federal Equal Employment Opportunity Commission (EEOC). According to the EEOC’s lawsuit, the nurse worked at a Sacramento […]

22 Sep 15 - Disabilities, FMLA/CFRA - Gail Cecchettini Whaley - No CommentsRead More »

Is Telecommuting a Reasonable Accommodation for a Disability?

The answer is not a simple yes or no.  Yet, a federal circuit court of appeals, in a positive ruling for employers, recently held that telecommuting is not a reasonable accommodation when regular predictable attendance is an essential function of the job. The case is EEOC v. Ford Motor Company. Of course, not all jobs […]

22 Apr 15 - Disabilities, Workplace Policies - Gail Cecchettini Whaley - No CommentsRead More »