By Kate Acheson
I
n Kroll v. White Lake Ambulance Authority, the Sixth Circuit found that an employer’s order for an Emergency Medical Technician (“EMT”) to attend counseling for suspected depression may have been an impermissible “medical examination” in violation of the Americans with Disabilities Act (“ADA”). The case was remanded to determine whether an ADA exception allowing “job related” medical examinations that are consistent with a “business necessity” applies. [Read more…]
By Kate Acheson
A Missouri Police Officer who was passed over for a promotion and other positive job benefits, claimed the City was retaliating against him for reporting City official corruption in an internal investigation report. In Buehrle v. City of O’Fallon, Mo., the Eighth Circuit concluded that the First Amendment did not protect the Officer’s speech, which was made in the course of his official duties, and upheld a summary judgment dismissing his claims.
By Cynthia McNabb
Are you required to drug test in order to keep your job? In addition to drug testing, are you required to disclose what prescription medication you are taking and for what purpose? If you answered yes to any of these questions, a recent EEOC settlement reached, may be of interest to you.
By Cynthia McNabb
As open-enrollment season for health insurance approaches, employees may see (if they have not already) options for reducing their health insurance costs by voluntarily enrolling in an employer wellness program. Alternatively, your union may have even entered into an agreement with your employer that requires you to participate in an employer wellness program, in order to maintain your health insurance. Billed as your opportunity to save money, participation in employer wellness programs are, in reality, merely fee-shifting endeavors that penalize employees with higher deductibles, higher co-pays, or fees for failure to participate. Unfortunately, trying to sort out what your rights are with respect to these wellness programs under the ADA, HIPAA and GINA ** (“Genetic Information Nondiscrimination Act) is a complicated undertaking.
By Rick Gautschi
In City of Houston v. Proler, No. 14-10-00971-CV, Texas Court of Appeals, Fourteenth District, May 31, 2012 , during March 2006, a captain in a fire suppression unit in the Houston Fire Department (HFD) responded, along with firefighters that he supervised, to a building fire. While at the scene of the fire, the captain failed to follow orders and was found standing in a smoke-filled room. Medics at the scene determined that his blood pressure was low. Subsequently, at the direction of the HFD, he sought medical treatment. [Read more…]
By Rick Gautschi
In Jeudy v. Attorney General, Department of Justice, No. 11-15838, Slip. Opinion, July 26, 2012, 11th Cir.,during her probationary period of employment, a pregnant corrections officer informed her employer that as the result of her pregnancy, she experienced severe pelvic pain caused by fibroids on her uterus.
According to the officer, the severe pain limited her ability to walk, stand and climb stairs. She requested an accommodation in the form of being allowed to change her shift and work while seated. [Read more…]
