Is an Extended Leave Request a Reasonable Accommodation?

Is an Extended Leave Request a Reasonable Accommodation?

Consider the following scenario. You are an employer to which the FMLA and ADA apply. One of your employees has been on unpaid FMLA leave due to medical conditions that have required ongoing treatment by a team of doctors. The employee has exhausted all of his sick...
Risks of Job-Related Criminal Background Checks, Part II

Risks of Job-Related Criminal Background Checks, Part II

Part I of this article can be found here. The Fair Credit Reporting Act Having considering the perils summarized above, an employer who still decides to use employee criminal background checks faces additional restrictions under other federal statutory provisions,...
Risks of Job-Related Criminal Background Checks, Part I

Risks of Job-Related Criminal Background Checks, Part I

Use of employment-related background checks by employers to discover information about the work history, education, criminal record, and financial history of job applicants has become ubiquitous. In one recent survey of employers, 92% of those responding stated that...