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Report Link Second Circuit Clarifies ADA's Prohibition Against "Medical Inquiries".Kauff, McClain & McGuire LLP - July 02, 2003 The U.S. Court of Appeals for the Second Circuit recently ruled that the New York Department of Correctional Service's sick leave policy, requiring corrections officers to submit a general diagnosis as a precondition to returning to work following certain absences, falls within the scope of a provision of the Americans with Disabilities Act ("ADA") that prohibits most medical inquiries by employers. Report Link Disability Related Inquiries And Medical Exams: Recent Developments.Semmes Bowen & Semmes - January 01, 2003 Under the Americans with Disabilities Act of 1990, 42 U.S.C. § 12101 et seq. (ADA), an employer is strictly proscribed in conducting disability-related inquiries and medical examinations of employees and applicants. Report Link Fact Sheet on Obtaining and Using Employee Medical Information as Part of Emergency Evacuation Procedures.Equal Employment Opportunity Commission - November 01, 2001 In light of recent events, many employers are developing or re-evaluating emergency procedures to ensure the safe evacuation of all employees. A comprehensive emergency evacuation plan should provide for prompt and effective assistance to individuals whose medical conditions may necessitate it. Many employers have asked how the Americans with Disabilities Act (ADA) and the Rehabilitation Act affect their ability to achieve this goal. Specifically, employers have asked whether they may request information to help identify individuals who might need assistance because of a medical condition and whether they can share this information with others in the workplace. As the following questions and answers demonstrate, federal disability discrimination laws do not prevent employers from obtaining and appropriately using information necessary for a comprehensive emergency evacuation plan. Report Link Return to Work Exam Held Lawful.Kirkpatrick & Lockhart LLP - July 01, 2001 Discusses Tice v. Centre Area Transportation Auth., No. 00-1753 (3d Cir. April 23, 2001), in which the court held that the employer was not liable under the Americans with Disabilities Act for requiring an employee to submit to
a medical examination. Report Link New Guidance On Obtaining Employee Medical Information: Dare You Ask?Schulte Roth & Zabel LLP - December 01, 2000 Discusses EEOC's Enforcement Guidance on Disability-Related Inquiries and Medical Examinations of Employees Under the Americans with Disabilities Act. Report Link EEOC Enforcement Guidance on Disability-Related Inquiries and Medical Examinations of Employees Under the Americans with Disabilities Act (ADA)Equal Employment Opportunity Commission - July 27, 2000 This enforcement guidance explains when it is permissible foremployers to make disability-related inquiries or require medical examinations of employees. Report Link QUESTIONS AND ANSWERS: ENFORCEMENT GUIDANCE ON DISABILITY-RELATED INQUIRIES AND MEDICAL EXAMINATIONS OF EMPLOYEES UNDER THE AMERICANS WITH DISABILITIES ACT (ADA).Equal Employment Opportunity Commission - July 27, 2000 The Guidance explains the ADA's rules concerning when employers may and may not obtain medical information about their employees. Report Link Fitness Exam After Unusual Behavior [PDF File]. Kirkpatrick & Lockhart LLP - January 01, 2000 Discusses Sullivan v. River Valley School District, No. 98-2143 (6th Cir. November 29, 1999), in which the court upheld summary judgment for the employer where the employer required plaintiff to undergo a physical and mental exam following disruptive behavior.
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UNDERSTANDING YOUR ETHICAL RESPONSIBILITIES AT WORK (AB 1234 COMPLIANCE)
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May 14, 2008 LittlerHealth Care's New Labor and Privacy Law Frontiers: Defusing Tomorrow's Problems TodayDenver
May 14, 2008 Littler |
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