As the U.S. economy reopens in the coming weeks and months, employers are faced with the challenge of bringing employees back to work to a workplace that is drastically different from the one that existed just weeks ago. While states and cities will have unique requirements and conditions with which employers must comply, they intend
Recording Available: Update on Federal Legislation in Response to COVID-19 Pandemic Impacting Employers (WEBINAR)
Bass, Berry & Sims attorneys Davidson French, Bob Horton and Kimberly Veirs recently presented a Middle Tennessee Society for Human Resource Management’s (MTSHRM) webinar.
The webinar, entitled “Update on Federal Legislation in Response to COVID-19 Pandemic Impacting Employers,” reviewed the latest DOL guidance for employers implementing the provisions of the Families First Coronavirus Relief Act
Nashville Mayor John Cooper Announces Safer at Home Order
On Sunday, March 22, Nashville Mayor John Cooper announced the “Safer at Home Order,” issued by the Medical Director pursuant to the Metro Public Health Department’s declaration of a Health Emergency. This order closes non-essential businesses and encourages residents throughout Davidson County (Tennessee) to stay home when possible and avoid gathering in groups of more than 10 people for non-essential purposes. The Order does not restrict or limit any employer’s right to ask employees to work from home.
Until further notice, all businesses not performing essential services have been ordered closed for 14 days beginning at 12:01 a.m. Monday, March 23.Continue Reading Nashville Mayor John Cooper Announces Safer at Home Order
OFCCP Revises Disability Disclosure Rules for Federal Contractors
The Office of Federal Contract Compliance (OFCCP) has revised the rules implementing Section 503 of the Rehabilitation Act, which applies to certain federal contractors. The revised rules, which are effective on March 24, 2014 require covered federal contractors to invite each job applicant to voluntarily disclose (“self-identify”) whether he or she has a disability as defined by the Rehabilitation Act at the pre-offer and post-offer phases of the application process. Covered federal contractors also must invite their current employees to voluntarily self-identify any disabilities every five years.
Continue Reading OFCCP Revises Disability Disclosure Rules for Federal Contractors
Requiring Employee to Seek Counseling May Violate ADA
The Americans with Disabilities Act (ADA) prohibits a covered employer from requiring an employee to undergo a “medical examination,” unless the examination is shown to be job-related and consistent with business necessity. The Sixth Circuit Court of Appeals recently held that an employer’s demand that an employee seek psychological counseling as a condition of continued employment may constitute a violation of the ADA.
In Kroll v White Lake Ambulance Authority, Case No. 10-2348 (6th Cir. 2012), the plaintiff, Emily Kroll, was an Emergency Medical Technician for White Lake Ambulance Authority (WLAA). She had an affair with a married co-worker and began to exhibit stress and anger at work. Several co-workers expressed to management concern for her well-being. On one occasion, while transporting a patient in emergency status, she was screaming at someone on her telephone. WLAA questioned whether Kroll could perform her job safely and told her that she must attend counseling in order to continue working. There was a dispute whether WLAA required that the counseling be psychological in nature. Kroll refused to seek counseling and did not return to work at WLAA.
Continue Reading Requiring Employee to Seek Counseling May Violate ADA