We will never forget you.

This drug-testing case would make a great law school final exam.

Shawn Olson of Minnesota was offered a job in West Virginia by Push, Inc., a company based in Wisconsin. Mr. Olson was asked to complete a pre-hire drug test, which was originally going to be performed in Push’s state of Wisconsin. However, for Mr. Olson’s convenience, the company allowed Mr. Olson to be tested in ...

Do you think you have that employee termination all buttoned up, and no one will be able to challenge you? Defending that EEOC charge will be a slam dunk? No plaintiff's lawyer in his right mind would represent your soon-to-be-ex employee?

Are you sure about that? Can we talk?

Don't commit these five firing faux pas*.**

*This is not an all-inclusive list. There are probably more than five.

Law 360 reports this morning that the U.S. Court of Appeals for the Sixth Circuit has agreed to rehear the EEOC v. Ford Motor Co. case, which I reported on (and disagreed with) in April. The original decision, holding that Ford should have allowed an employee with severe and unpredictable irritable bowel syndrome to telecommute as a reasonable accommodation under the Americans with ...

Last spring, I was in the Detroit area for a deposition. I'm originally from that area, so I stayed over the weekend to visit family, and we made a trip to the Detroit Institute of Arts. In honor of Labor Day, here are some photos I took of Diego Rivera's Detroit Industry murals. If you've never seen these in person, you really should - the scale and detail is much more than I can capture.

The ...

Last week, the Equal Employment Opportunity Commission filed suit against Wisconsin-based Orion Energy Systems, Inc., over its wellness program and its treatment of ex-employee Wendy Schobert, who was not a fan of the program. The lawsuit contends that the program's health risk assessment is an unlawful "medical examination" and that the company retaliated against Ms. Schobert ...

David Smith of Constangy’s OSHA practice group is co-author of this post.

The federal Occupational Safety and Health Administration and the Federal Motor Carrier Safety Administration are tag-teaming transportation employers. They’ve signed a Memorandum of Understanding in which they agree to share information about allegations of safety, coercion, and retaliation.

And ...

Rarely does one get a case that involves a cutting-edge Americans with Disabilities Act issue combined with wild, crazy, passionate, irrationally exuberant, tempestuous, adulterous romance. Well, folks, today is your lucky day.

Should we start with the sex, or with the ADA issue? Oh, heck - let's start with the sex.

Emily Kroll, an Emergency Medical Technician working for White Lake ...

The Office of Federal Contract Compliance Programs has issued a new directive on gender-identity discrimination, consistent with President Obama's recent amendment to Executive Order 11246. In essence, the directive says that discrimination based on gender identity is a form of sex discrimination prohibited by Title VII of the Civil Rights Act of 1964, a position that has already ...

You all know that I love telecommuting, although it works better in some instances than in others.

Before any employer starts a telecommuting program, it should ask itself three questions:

1) Does the job lend itself to a telecommuting arrangement? (You can't very well assemble Cadillac Escalades from your home office, now can you?)

2) Is the employee's home worksite conducive to work ...