In light of pandemic fears over the past several years, health care facilities have been more aggressive about mandating employee flu vaccinations, on the reasonable basis that such vaccinations are required to protect the health and safety of employees, patients and others. On March 5, 2012, the EEOC issued an informal discussion letter on this
September 2013
Reasonable Accommodation Does Not Include Stress-Free Environment
By Fiona W. Ong on
Posted in Employment Discrimination, Laws & Regulations
As employers know, the Americans with Disabilities Act (ADA) requires employers to provide “reasonable accommodation” to employees with disabilities to enable them to perform the essential function of their jobs. What employees demand as a “reasonable accommodation” under the Americans with Disabilities Act, however, may not always be so reasonable. Fortunately, courts are generally more…
Shifting Explanations Support Discrimination Claim
By Fiona W. Ong on
Posted in Employment Discrimination, Laws & Regulations
When telling a problematic employee that he has been terminated, an employer is sometimes reluctant to share the real reason – or all the reasons – for the termination. Instead, the employer might pick the explanation that seems the simplest and least subjective – like a position elimination or reduction in force – in order…