Many employers have begun requiring their employees to receive a COVID-19 vaccine in order to continue working. Is this legal? The short answer is “yes”–in most cases. No Law Prohibits Requiring Vaccination Generally There is no federal law or state law in Utah or Nevada where I practice that prevents employers from requiring employees toRead More
disability
Can an Employer Ask if You Have a Disability?
Employers have an interest in knowing whether a prospective employee or current employee has the ability to perform the duties of a position. However, the federal Americans with Disabilities Act (“ADA”) provides protections to workers with disabilities to help prevent them from being treated differently because of their disability. Asking About Disabilities Before Making anRead More
Can Employers Test or Terminate Employees for Prescription Drug Use?
Most employers are rightly concerned about how the use of drugs, whether legal or illegal, can affect the ability of employees to perform their work. However, employers need to be careful about how they screen for and address prescription drug use because missteps can violate the Americans with Disabilities Act (“ADA”). Pre-employment Prescription Drug TestingRead More
What Statute of Limitations Period Applies to Title II ADA Claims?
Title II of the Americans with Disabilities Act (ADA) protects individuals with disabilities from discrimination by state and local government. But individuals who believe a state or local government has discriminated against them must file a claim in court within a certain period of time called the statute of limitations. In Nevada, the statute ofRead More