ADA

Never assume pregnant employee can't work

06/15/2017
Here’s an important reminder to pass along to your organization’s supervisors: While pregnant employees who experience complications may be temporarily disabled and entitled to reasonable accommodations, never assume an employee has limitations just because she is pregnant.

Amarillo trucking company pays disabled applicant

06/13/2017
Flying Star Transport in Amarillo has agreed to settle charges it violated the ADA when it refused to hire a truck driver whose arm had been amputated when the driver was a teenager.

ADA and Texas disability law differ: No state right to medical confidentiality

06/13/2017
Texas courts interpreting Chapter 21 of the Texas Labor Code generally attempt to interpret it consistently with federal anti-discrimination laws. They frequently look to federal court decisions for guidance. However, there are differences between Texas and federal anti-discrimination laws.

Texas Supreme Court rules on disability

06/13/2017
The Texas Supreme Court has reversed a lower court’s decision that urinary incontinence is not a disability under the state’s disability discrimination laws.

What does ADA say about accommodation when employee has communicable disease?

06/06/2017
Q. We discovered that a beloved member of our kitchen staff has hepatitis A. I know that many protections exist for individuals with disabilities, but we are worried about him handling food. Can we reassign him to the front of the house as a host?

Fear of violence: Can we terminate employee who has mental illness?

06/06/2017
Q. We discovered that one of our employees has a history of unprovoked violent fits due to schizophrenia. We certainly sympathize with our employee’s struggle, but we also worry about the safety of customers and other employees. Does state law allow us to fire him for this reason?

Can a thermostat adjustment really be an ADA reasonable accommodation?

06/06/2017
Q. One of our employees suffers from arthritis and has complained that the temperature of the office triggers joint pain. She has requested that we heat the entire office to 80 degrees Fahrenheit as an accommodation of her disability. Must we do so?

Transgender employee rights case advances

05/30/2017
A  Pennsylvania woman is suing her former employer claiming she was discriminated against because of her transgender status. The case is making news not just because it involves transgender rights, but because of the unique legal arguments it raises.

ADA retaliation claim doesn't require actual disability

05/10/2017
Punishing an employee who requests a reasonable accommodation is retaliation even if it turns out that employee isn’t disabled and, therefore, wasn’t eligible for an accommodation at all.

EEOC sues printer that tried to play doctor

05/09/2017
The symptoms sound ominous: A Minnesota employer faces a lawsuit alleging it violated the ADA. The likely diagnosis: A manager veered way outside his lane, attempting to play doctor.

$2 million bite out of dental association

05/04/2017
The American Dental Association’s former chief legal counsel and its former HR director will split $1.95 million after the EEOC determined the association probably retaliated against the two executives for voicing concerns about what they believed were discriminatory actions.

$325K settlement in Visalia, Calif. ADA class action

04/24/2017
Magnolia Health Corp. in Visalia, California, has agreed to settle charges that its policies violated the ADA.

'No pet' policy doesn't cover emotional-support animals

04/20/2017
A Florida trucking company refused to hire a military veteran who used a service dog, citing its “no pets” policy.

Part-time work isn't always reasonable accommodation

04/19/2017
A court has concluded that, for some jobs, full-time attendance is an essential function. When that’s the case, an employer has no obligation to create a part-time position to accommodate an employee’s disability.

Not sure employee is disabled? Accommodate and wait for clarification

04/12/2017
There’s nothing wrong with accommodating and requesting more information at the same time.
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