ADA

Warn bosses against ADA 'association bias'

07/28/2015
Your supervisors no doubt know it’s illegal to discriminate against someone because of his or her disability. But do they also know about a less obvious part of the ADA that makes it illegal to discriminate against people because they have an association with a person who has a disability?

Supreme Court clarifies how to accommodate pregnant employees

07/24/2015
Over the last several years, legislatures around the United States have worked to increase protections for pregnant workers, and the EEOC has identified the treatment of pregnant women in the workplace as one of its top priorities.

Fully recovered employee isn't disabled

07/24/2015

An employee who has fully recovered from a medical crisis isn’t likely to qualify as disabled under the ADA. Therefore, she would not be entitled to further accommodations. In addition, as this case shows, a few negative comments about her prior condition would not be considered to create a hostile environment.

When a worker's pace slows, can we ask if it's health-related?

07/24/2015
Q. We have an experienced employee who is not working at an acceptable pace. We need to address his speed, but we’re concerned he may have medical issues. Can we ask him about his health? — Anonymous, Illinois

Does same-sex ruling affect ADA compliance?

07/17/2015
Q. Does the recent U.S. Supreme Court decision on same-sex marriages have any effect on us with regard to the Americans with Disabilities Act?

'My boss is stressing me out!' That's not a disability requiring accommodation

07/17/2015
Some supervisors may be tougher than others and some employees may not get along with a particular supervisor. It may be a matter of workplace philosophy or even personality conflict. And the employee may genuinely be so stressed and anxious that she needs medical or psychological treatment. But that does not mean that she can demand transfer to a different supervisor as a reasonable accommodation, a California court has ruled.

Worker going on leave? React with poker face

07/17/2015
It may be natural for supervisors to be upset when one of their key employees goes out on workers’ compensation or FMLA leave, but make sure managers know not to lash out.

Hershey Med settles with fired cancer surgeon

06/29/2015
The Penn State Hershey Medical Center has agreed to settle a lawsuit alleging that a cancer surgeon was fired in retaliation for defending the rights of his secretary, who was fighting breast cancer.

That stinks! Don't tolerate co-worker efforts to provoke fragrance sensitivity

06/29/2015
Some employees are sensitive to various chemicals such as perfumes and other strong smells. Accom­­­­mo­­dat­­ing the problem can be difficult, but it’s necessary if the condition rises to the level of a disability.

Settling ADA claim: Good records essential when offering money in exchange for resignation

06/26/2015

Are you considering settling an ADA accommodations case by paying a lump sum? Do you think the employee could do his job with an accommodation? Then keep good records of your accommodations process, the medical records you used to consider possible accommodations and other information about the employee, his job and his abilities.

You, not employee, choose ADA accommodation

06/26/2015
Yes, employers are supposed to engage in an interactive process to arrive at reasonable ADA accommodations. But that doesn’t mean everything the employee wants, the employee gets. It’s up to the employer to determine which accommodation is both reasonable and best suited to its business needs.

The ADA at 25: Disability by the numbers

06/24/2015
To commemorate the 25th anniversary of the ADA’s enactment, here’s a look at some of the hard numbers that define disability at work, as compiled by the U.S. Census Bureau.

Extra leave isn't always ADA accommodation

06/16/2015
The FMLA and the ADA are supposed to work together so employees who need some time off for serious health conditions and disabilities don’t lose their jobs. Fortunately for employers, there are limits to leave—especially for jobs that require regular attendance.

Temporary injuries aren't disabilities under the ADA

06/09/2015
Don’t assume that every injury is a disability. Many times, injuries heal within a few weeks or months with proper treatment and don’t end up as disabilities protected by the ADA.

Telecommuting not always a reasonable ADA accommodation

06/09/2015
A federal appeals court has ruled that telecommuting is not always a reasonable accommodation under the ADA. The case involved a Ford employee suffering from a disability, but the court found that on-site attendance was an essential function of the plaintiff’s job.
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