As the number of confirmed 2019 novel coronavirus (COVID-19) cases continues to rise across the country and around the world, employers are looking for guidance regarding how they should react to the potential for spread of the virus. Several government agencies have responded to this demand. Bass, Berry & Sims’ labor & employment attorneys have
Register Today: An Employer’s Obligations in the ADA Interactive Process | February 11 WEBINAR
We are excited to be presenting a CLE webinar titled, “An Employer’s Obligations in the ADA Interactive Process” on February 11.
This 60-minute webinar will examine employers’ obligations within the interactive process, including how to recognize qualifying accommodation requests, what information an employer should request and be provided, and the process of exploring accommodation options
Don’t Miss Our Breakfast Briefing: Employment Law Landscape for 2020 | February 20 in Knoxville
Join us for a complimentary seminar where we will review a broad range of topics pertaining to significant legislative and regulatory actions and court decisions that occurred in the area of employment law over the past year.
7:00 a.m. – 7:30 a.m. Registration and Breakfast
7:30 a.m. – 8:30 a.m. Program
Topics will include:
- FLSA
Are Employees with Alcoholism and Substance Use Disorder Protected under the ADAAA?
Managing an employee who is struggling with alcoholism or substance use disorder can be challenging for employers. While both conditions could be protected under the Americans with Disabilities Act Amendments Act (ADAAA), there are differences in how each condition is treated under the law.
Understanding these differences is essential for any HR professional in implementing a plan after discovering that an employee’s work performance or ability to work is being affected by alcoholism or substance use.Continue Reading Are Employees with Alcoholism and Substance Use Disorder Protected under the ADAAA?
Don’t Miss Our Labor & Employment Law Seminar in Memphis: Guidance for Managing Accommodation Issues Under the ADA
Join us for a complimentary seminar where we will review a broad range of topics pertaining to accommodation issues under the ADA and provide guidance for employers managing these issues.
7:30 a.m. – 8:00 a.m. Registration and Breakfast
8:00 a.m. – 10:00 a.m. Program
Our panels will cover a broad range of topics, including:
- How
What Are the Employer’s Obligations When Engaging in the ADA Interactive Process?
Title I of the Americans with Disabilities Act (ADA) prohibits employment discrimination on the basis of a disability and requires employers engage in an interactive process and provide reasonable accommodations. A failure to do so may result in liability.
The ADA requires employers to provide reasonable accommodations to qualified applicants or employees. A “reasonable accommodation” is defined as assistance or a change to a position or workplace that accommodates employees with disabilities so they can do the job without causing the employer undue hardship, such as too much difficulty or expense.
Use the Interactive Process to Determine Reasonable Accommodation
In order to determine the appropriate reasonable accommodation, employers and employees must engage in the interactive process, which requires communication and good-faith exploration of possible accommodations. An employer that acts in bad faith in the interactive process may be liable if it can be reasonably concluded that the employee would have been able to perform the job with a reasonable accommodation.
It’s a two-way street: an employee must also make a good faith effort to comply with any of the employer’s reasonable requests.Continue Reading What Are the Employer’s Obligations When Engaging in the ADA Interactive Process?
Can a Therapist Visit Trigger FMLA Leave?
I recently discussed a case currently under review by the Eleventh Circuit Court that should provide clarity on whether, and under what circumstances, a licensed professional counselor or therapist can be a “healthcare provider” – and therefore qualified to verify a need for leave – under the Family & Medical Leave Act (FMLA).
The case centers around an employee who was fired from her job the same day she met with a licensed counselor who recommended leave after determining the employee had depression and anxiety. While the timing and specific circumstances of the case are unusual, the case does call into question the larger issue of who can be considered a healthcare provider under the FMLA.Continue Reading Can a Therapist Visit Trigger FMLA Leave?
EVENT: Labor and Employment Law Update – August 28
Bass, Berry & Sims invites you to a complimentary seminar focusing on trending areas of labor & employment law.
Topics will include:
- FMLA/ADA Considerations for Leaves of Absence: A practical, scenario-based discussion regarding extended leaves of absence and how they are regulated by application of the FMLA and the ADA, including a detailed discussion of the EEOC’s position with respect to extended leave as a reasonable accommodation.
- Preventing and Addressing Workplace Violence: A comprehensive discussion of workplace violence, including strategies for preventing and properly addressing acts of violence in the workplace.
- An Employers Approach to Reducing Harassment: Questions employers should ask as they strive to reduce harassment in the workplace and cultivate a healthy working environment.
EVENT DETAILS:Continue Reading EVENT: Labor and Employment Law Update – August 28
HR Professionals: Don’t Miss Our Labor & Employment Law Seminar – November 16
Labor & employment attorneys Lymari Cromwell and Mary Leigh Pirtle will discuss the following topics:
- FMLA/ADA: A practical, scenario-based discussion regarding extended leaves of absence and how they are regulated by application of the FMLA and the ADA, including a detailed discussion of the EEOC’s position with respect to extended leave as a reasonable accommodation.
FMLA Bill Would Require Child Bereavement Leave
In an article published by the Society for Human Resource Management (SHRM), I provided insight on a proposed amendment to the Family and Medical Leave Act (FMLA) that would allow time off for a child’s death. Since 2012, the chairmen of the board of directors of the Sarah Grace-Foundation for Children with Cancer have been