It looks like employers may be saved from the nightmare the legalization of marijuana could have on employer policies. A few weeks ago I discussed the possible effects the legalization of medical marijuana could have on employers. It seemed that the Iowa Legislature may have been headed that direction, but a Des Moines Register article published earlier this week indicates that the legalization of medical marijuana has stalled again.
The Americans with Disabilities Act is a federal law which protects disabled employees from discrimination. Chapter 216 of the Iowa Code provides protection for disabled workers as well.
A covered employer under the federal law means any business with at least 15 employees. The Iowa law covers all businesses with employees.
Both the federal and state laws protect qualified individuals with a disability against employment discrimination. Disability includes a physical or mental impairment that substantially limits one or more major life activities, a record of such an impairment, or being regarded as having such an impairment. Much has changed with respect to who qualifies as a having a physical or mental impairment. A good rule of thumb is to start with the assumption that the person meets the definition of disabled and work from there. If you have questions contact your attorney. The other two definitions of disabled—having a record of such an impairment or being regarded as having such an impairment—generally go unnoticed, but it is important to remember that even someone without a disability can be covered under these laws.
A qualified individual is one who can perform the essential functions of the job with or without a reasonable accommodation. For this reason, identifying the essential job functions with job descriptions is important.
If a person is disabled under the ADA or Iowa law, the employer is required to reasonably accommodate the individual unless it would impose a great hardship on the employer. It is important for employers to discuss with the employee reasonable accommodations that will assist the employee in performing his or her job duties. Refer to my previous post, if you are having trouble identifying a reasonable accommodation. Remember you do not necessarily have to accept the employee’s suggestion if a different accommodation will allow that person to perform his or her job duties.
"Now what?" This is a common question that I hear from clients after their divorce is final. Generally, the following is a few things I would encourage people to keep in mind after a divorce:
A Decree of Dissolution of Marriage is a final order; however, there are certain remedies available to a person if changes need to be made. It is imperative that you contact your attorney as soon as you become aware of the need for changes. There are time-sensitive deadlines associated with some of the remedies available to a person and your ability to pursue them may be lost if you do not take action immediately.
If your ex-spouse fails to comply with the orders of the court, there are certain actions you can take to compel compliance. In the event of non-compliance, you should contact your attorney to discuss your options. I would also recommend; however, that you first try and obtain compliance yourself by making a request to your ex-spouse in writing. Taking this first step on your own has the potential to minimize your future legal fees. Additionally, copies of the letters could prove to be useful if you find yourself back in court at a later date.
You should review existing wills, trusts, life insurance, annuities, pension and profit sharing plans, and other types of insuring agreements in which you have named your former spouse as a beneficiary. If you do not want your former spouse to remain a beneficiary upon the policies or plans, then you must change the beneficiary. I would also recommend updating your estate planning.
Getting divorced is a very emotional process. You have not only ended a relationship that you thought would last forever, but you have also likely spent the past several months working through the legal system. If you are still struggling with the emotional aspects of your divorce, make time to meet a friend for coffee or schedule an appointment to speak with a therapist. Remember - dealing with the emotional side of a divorce is just as important as dealing with the business side.
Generally, a child has a right to have his or her opinion considered by the court in child custody cases. It is a common misconception; however, that this right becomes controlling when a child reaches a certain age. A child's age and maturity level are merely factors that the court considers when assessing how much weight to give a child's preference for one parent over the other. A child's right to have his or her opinion considered should never be misconstrued as their right to choose where he or she wants to live. The ultimate goal of the court in child custody cases is to establish a custody arrangement that is in a child's long-range best interest. As such, the custody arrangement established by the court may or may not be in line with a child's wishes regardless of their age.
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