Glad that's settled.

If your employee isn't a professional driver but spends a lot of time on the road, how "essential" a job function is driving for ADA purposes? Is driving "essential" at all?

In what I consider to be a very significant result under the Americans with Disabilities Act, a three-judge panel of the U.S. Court of Appeals for the Fourth Circuit recently ruled that driving might not be an ADA ...

http://polldaddy.com/poll/9273052/

The best answer is "In all likelihood." A minor tear that can be repaired may not be a disability (it depends), but a severe injury, or one that is inoperable with residual limitations, probably is.

http://polldaddy.com/poll/9273130/

The best answer, again, is "Maybe yes, and maybe no." The big point here is that you can't count on being able ...

Who's been naughty and who's been nice in labor and employment law? Here are my picks for 2015. Feel free to add your own in the comments.

NAUGHTY!

The National Labor Relations Board, for being naughty in too many ways to mention. Its rules on employer handbook policies, including confidentiality and social media, are unrealistic and almost impossible for employers to legally follow ...

Readers have been clamoring for my take on the alcoholism-discrimination lawsuit filed by Steve Sarkisian against the University of Southern California.

Actually, I got one email from a reader, who had a better take on the whole situation than I do.

But who cares! I still think it's a great topic, and a case worth following!

Here's the deal, as I understand it:

Mr. Sarkisian took ...

We have not one, but two new high-profile employment lawsuits that are worth following long-term: Former head football coach Steve Sarkisian's alcoholism-discrimination lawsuit against the University of Southern California, and the wrongful termination lawsuit filed against the Michigan House of Representatives by former aides to adulterous former legislators Todd ...

Gee, Ma, this is swell!

The Equal Employment Opportunity Commission came out this week with some guidance about the rights of individuals with AIDS and HIV. The guidance is unremarkable for anyone who is familiar with the Americans with Disabilities Act, although it never hurts to get a refresher, and in any event it's aimed at employees, not employers.

But what is really great ...

UPDATE (Dec. 7, 2015): The EEOC has extended the comment period on its proposed GINA-wellness rule by 30 days. The new comment deadline is January 28, 2016.

Earlier this month, I had a relatively short post on the proposed rule on wellness incentives and the Genetic Information Nondiscrimination Act issued by the Equal Employment Opportunity Commission. I also promised a more ...

So you think you're ready to terminate an employee. Are you really?

Here are 20 questions that every employer should ask itself before going ahead with a termination. If you think I've missed anything, please feel free to add your own in the comments.

GETTING STARTED

No. 1. Is the employee covered by a collective bargaining agreement? If so, make sure that whatever you do is consistent ...

Last week, the Equal Employment Opportunity Commission issued a proposed rule on employer wellness programs and the Genetic Information Nondiscrimination Act. In April, the EEOC issued a proposed rule on employer wellness programs and the Americans with Disabilities Act.

No. 1. It's all about the spouse. The GINA proposal focuses primarily on the ability of an employer to provide ...