While many do not see substance abuse as a disability or a serious medical condition, employers should be aware that substance addictions may be covered under the FMLA or the ADA if an employee receives inpatient care or continuing treatment for the problem, or if their addiction substantially affects a major life activity. A recent [...]
Has the world gone mad? Is a 10-year old girl capable of sexual harassment and creating a hostile work environment so serious that a school employee had to stop performing his job duties? This employee thought so. Kevin Wilson, a male “para-professional” at a Maryland elementary school, claimed that a 10-year old female student sexually [...]
A nationally featured story involving a “Facebook Firing” is making a lot of waves, but is all this attention warranted yet? The story is that of Dawnmarie Souza who in Facebook posts referred to her supervisor at American Medical Response (AMR) as (among other things) a “scumbag.” While the juicy details make for interesting water cooler conversation, this case is, so far, legally insignificant. Contrary to many reports, there has been no “ruling” in this case by the National Labor Relations Board (NLRB), only a “Complaint” by a Regional Office. However, although the law has not changed and no decision has yet been issued, this case does remind employers (both unionized and union free) to consider the implications of the National Labor Relations Act (NLRA) on their social media policies.
Effective October 1, 2010, Connecticut employers with 3 or more employees must provide employees with up to 12 days of unpaid leave to deal with domestic violence. Employees may take leave to seek medical care for injuries, psychological care or counseling, to obtain services from an organization helping victims of domestic violence, to move to [...]
In 2009, 21,000 employees claimed their employers violated their rights under the Americans with Disabilities Act (ADA). This is the highest number of claims brought under the ADA since it came into law 20 years ago. The increase may be due to a number of factors, including a rise in the number of jobs being [...]