Posts tagged Job-Related and Consistent with Business Necessity.

What better way to start the Labor Day weekend than with a drug test?

Last week, the Equal Employment Opportunity Commission filed suit against Wisconsin-based Orion Energy Systems, Inc., over its wellness program and its treatment of ex-employee Wendy Schobert, who was not a fan of the program. The lawsuit contends that the program's health risk assessment is an unlawful "medical examination" and that the company retaliated against Ms. Schobert ...

Anna_Karenina_by_H._Manizer
Anna Karenina. Those eyes should have been a tip-off.

Rarely does one get a case that involves a cutting-edge Americans with Disabilities Act issue combined with wild, crazy, passionate, irrationally exuberant, tempestuous, adulterous romance. Well, folks, today is your lucky day.

Should we start with the sex, or with the ADA issue? Oh, heck - let's start with the sex.

Emily Kroll, an ...

In August, I posted about a court decision under the Americans with Disabilities Act involving a county social services employee who had an alleged sensitivity to Bath and Body Works's Japanese Cherry Blossom scent. I noted that the court decision, which allowed the case to go forward, was based only on the allegations in the plaintiff's lawsuit and the initial response of the county ...

My colleague and fellow blogger Jon Hyman had an excellent post this week about the settlement in the Dura Automotive case -- in which the company tested its employees for both illegal and legal drugs. And that wasn't all -- according to the press release of the Equal Employment Opportunity Commission, employees who tested positive for the designated legal drugs were required to state ...

Robin Shea has 30 years' experience in employment litigation, including Title VII and the Age Discrimination in Employment Act, the Americans with Disabilities Act (including the Amendments Act). 
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