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Disability discrimination

Summary of H.R. 6201, Families First Coronavirus Response Act

On March 13, 2020, President Trump declared the Coronavirus (COVID-19) pandemic a national emergency. Shortly after midnight on March 14, 2020, the U.S. House of Representatives overwhelmingly voted to pass the Families First Coronavirus Response Act (H.R. 6201) in response to the Coronavirus outbreak to reduce the economic impact on individuals and business taxpayers.  Although the bill is still…

The Coronavirus: Q & A For Employers Part 2 (revised March 18, 2020)

On Wednesday, March 11, 2020, the World Health Organization (“WHO”) announced that the coronavirus (“COVID-19”) has become a pandemic.  The virus has infected nearly 120,000 people in 114 countries.  More than 4,000 have died.  In Part 2 of our series, we continue to answer questions that employers have presented to us.

 

 Question:        We provide critical support to a healthcare system and we cannot…

The Coronavirus: Q & A For Employers

On Wednesday, March 11, 2020, the World Health Organization (“WHO”) announced that the coronavirus (“COVID-19”) has become a pandemic.  The virus has infected nearly 120,000 people in 114 countries.  More than 4,000 have died.  We answer some basic questions that employers have presented.

 

Question:        I have an employee with flu-like symptoms.  Can I send them home or ask them to seek medical attention?…

Pre-Employment Examinations Can Be Key Evidence in Disability Discrimination Actions

The West Virginia Supreme Court of Appeals has “declined to impose a duty on employers to second-guess a reasonable, independent medical opinion that an employee, or prospective employee, is not physically qualified for a position.” Rather, in Woods v. Jefferds Corporation, the Court reaffirmed that an “employer is entitled to rely and act upon the written advice from a physician that an employee…

Fitness for Duty Exams Are Ok!

A new case from the West Virginia Supreme Court of Appeals provides some guidance to employers on fitness for duty exams.  This is the money quote:  “An employer’s quest for reassurance that its employee is fit for duty where, as here, the evidence reveals a legitimate concern about the employee’s performance ability is not proof that the employee was regarded as impaired.”  (Link:  …

 

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