This week, the Oregon legislature passed SB 1548 preventing discrimination against the unemployed. This new law, effective March 27, 2012, prohibits ads or job postings that require applicants to be currently employed. Employers may still post jobs that state only current employees of the company will be considered for the position. Violations of this law will expose employers to civil penalties by the Bureau of Labor & Industries (BOLI).
Employer may have violated ADA and state law by using post-offer medical information in discipline and WC
Employee sued employer alleging workers’ compensation retaliation. Employee alleged the employer misused her post-offer medical questionnaire to terminate her employment and reduce workers’ compensation benefits. The claim was brought under ORS 659A.133. However, the court relied on provisions of the ADA, including 42 USC Sec 12112(d)(3). The court cited precedent from other states. As such this case presents concerns for all employers. Claimant completed a post-offer medical questionnaire and did not reveal a childhood history of scoliosis or early signs of carpal tunnel syndrome. She filed a workers’ compensation claim for carpal tunnel and this was accepted. However, her employer terminated her for falsifying her post-offer medical questionnaire. Her workers’ compensation benefits… Continue reading
The world of employment and workers’ compensation law is ever changing. The changes are not predictable and it does not make sense to wait until the next quarterly newsletter to update our clients. Blogs are a perfect way for SBH attorneys to communicate regarding important new legal issues, case law development, industry development and happenings at SBH. You can access the blog in many different ways including through an RSS feed, emails, or a twitter feed. You can limit the information so that you only receive updates on certain topics. This way, you get exactly what you want, when you want it and the way you want it. Some will wait for a printed… Continue reading