ROBIN'S NOTE: I am happy to have Tommy Eden back again for a guest post. Tommy is from Constangy’s offices in Opelika, Alabama, and West Point, Georgia. He drafts DOT and state-specific drug testing policies for clients nationwide, and he serves on the Board of the Substance Abuse Program Administrators Association.

Don’t get too excited about that recent decision ...

What do you really know about the "interactive process" under the Americans with Disabilities Act? This is one area in which I am always getting questions, and I think it's the terminology that scares employers. "Interactive process" sounds so intimidating.

Instead of "interactive process," it should be called "sit-down."

When an individual needs a reasonable accommodation, the ...

Hallelujah! The Equal Employment Opportunity Commission announced this week that it plans to issue guidance on employers' ability to offer incentives to employees based on their participation in wellness programs, or whether they provide information in response to health risk assessments.

I've blogged about this issue in the past -- here, here, here, and here. There is at least a ...

I presented a webinar this past Wednesday for the Clear Law Institute on the topic of pregnancy and lactation accommodation. As most of our readers know, many state and local governments are passing laws requiring that pregnant women be reasonably accommodated on the job rather than being forced to take medical leaves of absence until after the baby is born. And we are starting to see some ...

Thanks very much to Colin O'Keefe of LXBN-TV for interviewing me yesterday on the EEOC v. Ford Motor Company case that I posted about last Friday. This is the case in which a panel of the Sixth Circuit said that Ford had to offer telecommuting to an employee as a reasonable accommodation under the Americans with Disabilities Act. I was not quite on board with the court's decision ...

UPDATE (Sept. 3, 2014) - Law360 reports that the U.S. Court of Appeals for the Sixth Circuit has agreed to rehear this case en banc (in other words, by all of the judges of the Sixth Circuit instead of just a three-judge panel). This will be a decision to watch, and we'll keep you informed.

As fellow employment law blogger Jon Hyman pointed out earlier this week, a court has come out with an ...

DEAR READERS: Because of the Easter holiday, this will be my "Friday" blog post. I'll be back to my regular schedule next week.

UPDATE (7/3/14): The EEOC and Walgreens have settled their case for $180,000. Read all about it here. 

The Equal Employment Opportunity Commission is going to get a jury trial against Walgreens in a disability discrimination case that turns on (allegedly ...

An article by Lauren Weber and Rachel Feintzeig in Tuesday's Wall Street Journal caught a lot of attention -- it was about companies that have made the decision to do without a Human Resources function.

The idea drew some positive response on Twitter:

HR stifles innovation and bogs down businesses with inefficient policies and processes. http://t.co/5cGRIwHaxR

— Mike Brice ...

The EEOC -- can't live with 'em, can't live without 'em.

As irritated as I sometimes become with the agency's lawsuits, I have to hand it to them. The guidance they have recently published jointly with the Federal Trade Commission on background checks is great -- written in plain English (no legalese), concise, and convenient. An employer can read and comprehend it without even needing an ...

February is Black History Month, and in honor of this special time, our Employment Law Blog Carnival will feature some of the many, many great African-American musical artists.

We'll start by going back to the turn of the last century, with Scott Joplin, the King of Ragtime. While a child in Texarkana, young Joplin taught himself to play the piano in a white-owned home where his mother ...