Recent Blog Articles of Note

By Jim Cline

We are following other Labor and Employment Law Blogs on the Web and will bring to your attention some other articles worth reading. Here are some other articles we think are worth a look:

Counseling as an ADA-Protected Medical Examination  

 (Discusses 6th Circuit Court of Appeals ruling that compelled counseling constitutes a compelled medical examination within the meaning of the ADA, therefore employers must meet ADA job relatedness and business necessity standards before ordering counseling)

Police Officer Disciplined for Off-Duty Photography Hobby

(Discusses First Amendment law suit brought by San Fransisco PD officer “who has long had a love of photography, spends his off-duty hours taking artistic nude photos portraying women as mermaids, vampires and other mythical creatures.”)

An “Indefinite Reprieve” of Essential Functions of Job Not a Reasonable Accommodation under the ADA

 (Discusses EEOC guidelines and a recent court decision regarding duration of leave and the lack of employer duty to accommodate leave of employee who cannot supply “reasonable estimate of return to work.”)

Fresh interpretation of ADA provision heightens demands on employers

 (Discusses recent 7th Circuit decision applying principle that employee may have right to reassignment as an ADA accommodation)

Internal Investigations of Discrimination Complaints Might Not Be As Confidential As You Expect

(Discusses recent EEOC and NLRB rulings voiding employer order imposing confidentiality on workplace investigations.)