'I'm having health problems': 7 steps for handling the interactive conversation


When faced with an employee who may have a physical or mental disability, a manager's legal antenna should go up right away. The ADA requires employers to engage in an interactive dialog with employees to determine whether a disability can be accommodated. Do it wrong, and you're probably looking at a lawsuit. Here's how to handle the conversation.

Lowe's settles disability bias claim with EEOC for $8.6M

National home-improvement chain Lowe's has settled charges it violated the ADA when it terminated employees after they exhausted the amount of leave the company permitted.

Keep careful records of all efforts to accommodate disability under the ADA

If you have provided a reasonable accommodation for an employee who has a disability, make sure you document any subsequent changes to that accommodation.

Doubtful accommodations? Let employee try anyway

Refusing to consider an ADA accommodation can spell big legal trouble. Give disabled workers a chance to prove they can do the job.

Absent health problems, obesity isn't ADA disability

Merely being obese is not a disability under the ADA, a federal appeals court has ruled.

Disabled employee wants to work from home? That may be a legitimate ADA accommodation

Disabled employees with the right kind of jobs may be entitled to work from home or another remote location as a reasonable accommodation.

Abercrombie rule doesn't cover ADA bias

Last year, the U.S. Supreme Court’s EEOC v. Abercrombie & Fitch ruling made it clear that to prevail in a Title VII discrimination case, the employee only has to show that a protected characteristic such as sex or religion was a motivating factor in an employer’s discriminatory decision.

Flexibility makes for good accommodations--and a good strategy for winning ADA lawsuits

Employers that exercise patience and remain flexible over the long term are best positioned to win an ADA failure-to-accommodate lawsuit filed by a disabled employee.

HR Minnesota Legal Briefs

Merely being obese is not a disability under the ADA, a panel of the 8th Circuit Court of Appeals has ruled.

OK to set limits on intermittent ADA leave

If employees have disabilities that flare up periodically, be prepared to provide reasonable accommodations—within limits.

ADA: 'Unlimited' sick days aren't reasonable

At some point, providing more leave interferes with performance of the job’s essential functions. That point is easily reached when the employee demands unlimited sick days as an accommodation.

Disability: It's never a joking matter

Supervisors must understand that they have a responsibility to stop harassment immediately and take steps to prevent it from recurring.

Prove good faith on ADA accommodations by tracking response to offers

Be sure to track employee accommodation offer responses to show lack of cooperation.

Accommodating mental disabilities: 3 key questions answered


The ADA requires employers to reasonably accommodate applicants or employees with mental or physical disabilities who are qualified to perform the job’s essential functions with or without a reasonable accommodation. Still, it’s a tricky issue.

Job descriptions key to ADA accommodations

A job description with essential tasks makes it easier to establish when a disability cannot be accommodated
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