The U.S. Court of Appeals for the Fourth Circuit has come out with a decision interpreting the Americans with Disabilities Act Amendments Act that pretty much confirms all of our worst fears about the scope of that new law.

And I think the Court's legal analysis was 100 percent correct.

Sorry, employers, but the Fourth Circuit nailed it.

The Fourth Circuit hears appeals from federal ...

I'm sure you have heard that Thanksgiving Day and the first day of Chanukkah will occur on the same day this year, creating the hybrid holiday, "Thanksgivukkah." And, according to Buzzfeed (do they have any expertise on this subject?), the two holidays will not simultaneously occur again for 70,000 years. How about that!

In honor of the occasion, here are eight things in the ...

How much do you really know about employment medical examinations and the law? Let's find out!

1.      Assuming the results are not used in a way that violates the law, it is legal under the Americans with Disabilities Act to require a post-offer medical examination IF

A. The examination is job-related and consistent with business necessity.

B. The examination is narrowly tailored to ...

After having expressed concern (here and here) that penalizing employees for not participating in "voluntary" wellness programs may render the programs . . . er . . . involuntary*, my view was somewhat vindicated this week by Rep. Louise M. Slaughter (D-NY) in a letter that Rep. Slaughter sent to the Equal Employment Opportunity Commission.

*Under the Americans with Disabilities Act ...

How much do you really know about the Genetic Information Nondiscrimination Act? Here's a quick quiz:

Which of the following is an unlawful request for "genetic information"?

1. "Our company requires a post-offer, pre-employment medical examination that includes a complete genotype. We will need to verify that you have all 46 chromosomes but no extras. And any mutations will ...

Dear Congressperson:

I know you are busy, but I am hoping you can take a few minutes out of your sequester stuff to help with the Family and Medical Leave Act, as amended by the National Defense Authorization Act of 2008, as amended again by the National Defense Authorization Act for Fiscal Year 2010, as amended yet again by the Airline Flight Crew Technical Corrections Act of 2010.

Here's ...

Whoa.

A federal judge in Pennsylvania held this week that U.S. Steel had the right under the Americans with Disabilities Act to conduct random alcohol tests on probationary employees at a coke plant, granting summary judgment to the company in a class action that had been filed by the Equal Employment Opportunity Commission.

The court found, in a "case of first impression,"* that the ...

Is this new UPS pregnancy discrimination decision really such great news for employers?

HINT: Check the dates!!!

The U.S. Court of Appeals for the Fourth Circuit* held this week that there is no "reasonable accommodation" requirement for pregnancy. The defendant, United Parcel Service, had a collective bargaining agreement that required it to offer light duty in two ...

A court says veganism might be a "religion" requiring accommodation, a school district gets nailed for failing to engage in the "interactive process" under the Americans with Disabilities Act, and yet another employer makes an avoidable and very expensive mistake with a severance package. Fun and games!

Is veganism a religion? Could be. A federal judge in Ohio has refused to dismiss a ...

(As the agencies and courts enter their year-end flurry of mischief, I'll be doing quick posts as needed on the latest developments.)

Dum-da-dum-dum!

The Equal Employment Opportunity Commission has adopted essentially the Strategic Enforcement Plan that I posted about earlier this year. The final version has added "equal pay enforcement" to its list of high priorities. Here is the ...