Excerpts from July, 2005

Pre-Employment Physicals:
Are You Complying with the ADA?

The Americans with Disabilities Act (ADA) protects individuals with disabilities from discrimination in the workplace. Medical examinations (defined as procedures or tests that seek information about an individual’s physical or mental impairments or health) are restricted under the ADA. Pre-employment physicals are permitted under the ADA, but it is critical that such physicals are conducted post-offer.

New I-9 Forms

On May 31, 2005, the government issued a new I-9 (Employment Eligibility Verification) form. This form must be completed for each new hire.

¿Habla inglés?

If your employees do not speak and read English fluently, consider translating your employment policies into a language those employees do understand. Non-English-speaking employees recently filed complaints of sexual harassment with the EEOC and the employer defended itself by offering its policy. However, the EEOC found the policy inadequate because the complaining employees did not understand it.

Intentional Tort for Exposure to Second Hand Smoke?

In Brown v. FirstEnergy Corp., the plaintiff alleged that he was constructively discharged because of a disability, and that his employer failed to provide a safe workplace because he was exposed to secondhand smoke. Fortunately for the employer, the case was dismissed on technical grounds. However, it raises the question of whether the plaintiff would have won if he had pled his case appropriately.

Pregnancy Discrimination —
Plaintiff Need Not Be Pregnant!

The 6th Circuit Court of Appeals (which covers Michigan, Ohio, Kentucky, and Tennessee) has been churning out decisions in employment cases. In addition to allowing males to wear dresses to work (see our Aug. 2004 newsletter), women who are not pregnant can now sue their employers for pregnancy discrimination. Kocak v. Community Health Partners of Ohio, Inc.

Disability Discrimination —
Plaintiff Need Not Be Disabled!

If an employee attempts suicide at home over the weekend, can you fire that employee based on their actions? Not according to the Sixth Circuit Court of Appeals. Chandler v. Specialty Tires of America, Inc.

Are Your Workplace Policies Clearly Defined?

Think clearly-written, detailed company policies are not necessary? Think they are more of a headache than a useful tool? Think again. Clearly written, consistently applied policies—particularly when coupled with a progressive discipline policy—can be useful in defending workers’ compensation claims, unemployment compensation claims, and discrimination allegations.