On August 18, the U.S. Court of Appeals for the District of Columbia Circuit ruled that under certain circumstances, medical conditions that interfere with essential functions of a job are not protected under the Rehabilitation Act and are grounds for termination. In this case, a former U.S. Coast Guard program analyst, Doak, requested a number of alleged reasonable accommodations related to injuries she faced from a car accident, two of which could not be met by the U.S. Coast Guard including telecommuting and an 11:00 a.m. to 7:00 p.m. work schedule. In the end, the DC Circuit sided with many other circuits in indicating that regular attendance was an essential function of the plaintiff’s job and that the company, or in this case the employer, the U.S. Coast Guard, would not be obligated to accommodate the perceived and actual disability of the employee. Other topics covered in this Telebrief® include: the disabled employee’s obligation to ask and propose reasonable accommodations, the classification of alcoholism as a disability in the workplace, the OFCCP’s affirmative action checklist for contractors, and a brief discussion of the NLRB rejecting a petition by a union to represent the football players at Northwestern University. To read more about this Telebrief®, or to listen to past installments, please click here.
ABOUT THE TELEBRIEFS®
Geared to executives with employee relations responsibilities (HR directors, supervisors, managers, business owners), Labor and Employment Telebriefs® are information-packed 30 minute briefings via the telephone. Telebriefs® provide information and insights to help executives stay current with latest workplace law developments and in front of trends so as to enable proactive policy making and management . On the 2nd and 4th Wednesday of each month, from 9 – 9:30 am ET, join Offit Kurman Labor & Employment Chair Howard Kurman, as he discusses developments occurring over the past two weeks that will most significantly impact employers nationwide. The focus is squarely on the practical. Why is this event significant for employers? What are the lessons to be learned or actions taken? These twice-monthly teleconferences are an easy way to stay current and compliant with the latest Labor and Employment law developments that will significantly affect you and your company. Our guarantee: You will learn something useful, on every call! If you have any questions regarding labor and employment issues please contact Howard Kurman: firstname.lastname@example.org | 410.209.6417
ABOUT HOWARD KURMAN
Howard K. Kurman is Chair of the firm’s Labor & Employment Department. Mr. Kurman regularly counsels clients on all aspects of proactive employment/labor issues. He represents employers ranging in size from as small as 20 employees to those employers with geographically disparate locations consisting of over 4,000 employees. Mr. Kurman assures, through regular contact with his clients, that they promulgate and maintain the most effective employment policies that will, to the extent possible, minimize their legal exposure in today’s litigious workplace. You can also connect with Offit Kurman via Facebook, Twitter, Google+, YouTube, and LinkedIn. WASHINGTON | BALTIMORE | FREDERICK | PHILADELPHIA | WILMINGTON | VIRGINIA | NEW YORK