On Thursday, April 23, the federal Equal Employment Opportunity Commission (“EEOC”) updated its COVID-19 guidance for employers to include a provision allowing employers to test employees for the COVID-19 virus without running afoul of the Americans with Disabilities Act (“ADA”).
MCAD Awards Former Employee $420,000 in Damages for Employer’s Failure to Engage in Interactive Process
One of the hallmarks of the Americans with Disabilities Act is that employers are required to have a dialogue—known as the “interactive process”—with an employee who requests or appears to be in need of an accommodation. A recent case, Massachusetts Commission Against Discrimination v. Tufts Medical Center, Docket No. 10-BEM-01133 (Dec. 18, 2019), provides some guidance for how an employer can fulfill its obligation to determine whether an employee’s disability can be accommodated.
In 2006, after about four years of working as an inpatient nurse at Tufts Medical Center in Boston, the Complainant was diagnosed with rheumatoid arthritis and lung disease. The following year, she was excused from overtime responsibilities as an accommodation, but still worked without other restrictions. In the spring of 2009, Complainant took medical leaves and by the summer, had exhausted her job protection; in order to return to the nursing pool at Tufts Medical Center, Complainant was required to apply for vacant jobs. By October of 2009, she was cleared to return to work with no restrictions.
The Zika Virus: Is It a Concern for U.S. Employers?
The Zika Virus, an illness transmitted primarily by mosquitoes and also, less frequently, through blood transfusions and sexual contact has certainly been in the news recently. The U.S. Centers for Disease Control (CDC) has issued travel warnings alerting people to the risk of
The Dangerous Intersection of Social Media and the ADA
People often think of the Americans with Disabilities Act as a law that protects individuals with physical and mental disabilities from discrimination or other unfair treatment. What is seldom mentioned is that the ADA also protects the confidentiality of employee medical information, and requires