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Coronavirus: Preparation & Response
Coronavirus: Preparation & Response

The guiding principle for employers to follow when asking or talking about individual employees’ health concerns is “data minimization.” In other words, employers should collect and share employee health information only to the extent necessary to protect the workforce from COVID-19 exposure and should keep those records confidential.

Coronavirus: Preparation & Response

Managing the Modern Workplace

March 23, 2020
Managing the Modern Workplace
Managing the Modern Workplace

I recently had occasion to write about cities and states revisiting their laws related to obesity as a protected characteristic and the potential for liability for disability discrimination on the basis of perceived obesity.

Managing the Modern Workplace

February 6, 2020
Managing the Modern Workplace
Managing the Modern Workplace

Nobody likes comments about their weight (Heaven help the person who makes one about mine), and most people have learned that weight is a subject best approached with caution.

Managing the Modern Workplace

December 12, 2019
Managing the Modern Workplace
Managing the Modern Workplace

You finally sit down with an employee who has performed poorly for months, and you give him or her both a detailed performance improvement plan spelling out your expectations and a time frame by…

Managing the Modern Workplace

December 5, 2019
Managing the Modern Workplace
Managing the Modern Workplace

In a recent post , we discussed how several states now prohibit employers from discriminating against employees who use marijuana for medical purposes.

Managing the Modern Workplace

November 15, 2018
Managing the Modern Workplace
Managing the Modern Workplace

I recently saw a story about a woman trying to board a plane with a squirrel . You might think that’s nutty, but United Airlines reports that requests for emotional support animals increased by 77%…

Managing the Modern Workplace

October 16, 2018
Managing the Modern Workplace
Managing the Modern Workplace

A client recently asked me whether I thought that the EEOC’s new online public portal would lead to an avalanche of new charges. Having visited the portal, I think those fears are unfounded.

Managing the Modern Workplace

December 12, 2017
Managing the Modern Workplace
Managing the Modern Workplace

Does the ADA require employers to allow unpaid leave for accommodation when such leave doesn’t present undue hardship? This has actually been an open question under the ADA for a while, and the EEOC…

Managing the Modern Workplace

September 26, 2017
Managing the Modern Workplace
Managing the Modern Workplace

As labor lawyers, we tend to think of our professional years as starting and ending on Labor Day. In order to celebrate the new Labor year, I intended to send this post early last week, but a storm…

Managing the Modern Workplace

September 13, 2017
Managing the Modern Workplace
Managing the Modern Workplace

Employers are often hesitant to deny a disabled employee accommodation, fearing that any denial may trigger liability. But a recent Eleventh Circuit case reminds us that, while employers must…

Managing the Modern Workplace

April 20, 2017
Managing the Modern Workplace
Managing the Modern Workplace

An employee is not protected under the Americans with Disabilities Act (“ADA”) if he is unable to perform the essential functions of the employment position he holds. But what makes a particular job…

Managing the Modern Workplace

February 21, 2017
Managing the Modern Workplace
Managing the Modern Workplace

Flu season is upon us and many employers may wonder how they can prevent the spread of the flu in their workforces. Mandating flu shots can be tricky, as employees may refuse on religious or medical…

Managing the Modern Workplace

November 29, 2016