ADA

ACA vs. ADA: EEOC loses on wellness programs

01/13/2015
The EEOC has lost its bid for a preliminary injunction that would have prevented a major employer from withholding funds from the Health Savings Accounts of employees who refused to participate in a wellness program.

Never skip ADA accommodations process

01/05/2015

When an employee returns to work with restrictions after an illness, he or she may be disabled and entitled to reasonable ADA accommodations. Don’t make a mistake and skip the interactive accommodations process, even if you believe no accommodation is possible. You are still required to consider the possibility before taking action like terminating the employee.

Do your workplace chairs accommodate?

01/03/2015
Look around your office: in the conference room, the reception area, the lunch room. You have enough chairs, but do you have any that can accommodate a person who’s morbidly obese (defined as weighing 100% or more over ideal body weight)?

Employee acting like a jerk? Don't let him claim 'the disability made me do it!'

12/11/2014
Some employees behave in ways that create an unpleasant environment for their co-workers and supervisors. There’s no reason to put up with bullies and other ill-behaved employees—regardless of the reason.

Afraid you messed up (or have to pay up)? Try offering to reinstate fired employee

11/05/2014
Here’s a litigation tactic your attorney may suggest to cut potential liability in a case where you may be liable: If you make an unconditional offer to reinstate the employee and she rejects the offer, you won’t have to pay future lost wages after the offer date.

EEOC: BNSF violated ADA

11/03/2014
Fort Worth-based BNSF Railroad faces charges it withdrew a conditional job offer to an applicant for a security position.

Employer controls which accommodation to offer

11/03/2014
Some disabled employees seem to think that the accommodation they prefer must be the one they get as long as it meets the definition of “reasonable.” They’re wrong.

Consider job restructuring as disability accommodation

11/03/2014
These days, many employers are short-staffed, and feel like they can’t add anyone to payroll. Even so, it’s no surprise that disabled employees sometimes ask for accommodations that include providing help to do their jobs. Fortunately, employers don’t have to hire more staff to comply with the ADA.

New boss isn't a reasonable accommodation

10/31/2014

Employees who claim that the stress of working for a particular supervisor exacerbates or even creates a disability sometimes think they can request a new boss as a reasonable accommodation. After all, if one supervisor “caused” the disability, then having a different one might “cure” it, allowing the employee to successfully perform her job again. But courts don’t see it that way.

EEOC says medical inquiry violated ADA, GINA

10/14/2014
Shoreview, Minn.-based Cummins Power Generation faces a suit from the EEOC after it fired an employee who had missed work for refusing to provide medical information in conjunction with a fitness-for-duty examination. According to the suit, the company sought medical information that wasn’t related to the reason for the employee’s absence.

Can we--should we--try to accommodate employee's traffic anxiety?

09/26/2014

Q. One of our employees claims that traffic gives her anxiety and wants to alter her work schedule to avoid driving during peak travel times. It wouldn’t be a big deal but we’re afraid that if we do it for her, we will start to receive similar claims from other workers who have similar commutes. Do we have to accommodate her?

Inpatient treatment for alcoholism enough to prove disability to court

09/26/2014
Workers alleging disability discrimination generally have to show that they have a condition that substantially limits a major life function. But they don’t necessarily have to drag a doctor into court. They can prove a condition such as alcoholism by showing that they underwent inpatient treatment and suffered withdrawal symptoms while there.

When is telecommuting a reasonable accommodation under the ADA and state law?

09/19/2014
Q. One of my employees was recently injured in a nonwork-related accident. If this employee returns to work and requires an accommodation to perform his duties, can allowing him to telecommute be considered reasonable accommodation?

Employee must request more leave as ADA accommodation

08/29/2014
Employees facing the end of FMLA or other medical leave are sometimes entitled to additional time off as a reasonable accommodation under the ADA. But they have to ask.

Are we courting trouble by denying accommodations to pregnant employees?

08/18/2014
Q. Since pregnancy does not qualify as a disability under the ADA, our company denies all special accommodation requests granted by otherwise healthy employees who are pregnant. Does this policy make us vulnerable to a lawsuit?
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