ADA

Prove good faith on ADA accommodations by tracking how worker responds to offers

04/28/2016
Be sure to track employee accommodation offer responses to show lack of cooperation.

Accommodating mental disabilities: 3 key questions answered

04/21/2016

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

04/14/2016
A job description with essential tasks makes it easier to establish when a disability cannot be accommodated

Fired without explanation? No extra EEOC filing time

04/01/2016
Former employees generally have just 300 days to file an EEOC complaint alleging that their firing amounted to a discriminatory act. But, under some circumstances, that time period can be extended.

Reasonable accommodations on the table? Put that offer in writing!

03/11/2016
Disabled employees who have medical needs that require a reasonable accommodation and don’t receive one can quit and still be eligible to receive unemployment benefits.

If disability accommodation is easy to grant--like early lunch--go ahead and grant it

03/09/2016
Every once in a while, a disability accommodation arises that is so simple to implement that it’s a no-brainer to grant it.

Rehabilitation Act may protect independent contractors from disability discrimination

03/02/2016
If you are a federal contractor, take note: You may be required to reasonably accommodate disabled independent contractors.

No sign language interpreter means ADA suit against UPS

02/29/2016
A deaf UPS employee at Philadelphia International Airport has sued the company, alleging it violated the ADA when it refused to provide a sign language interpreter for pre-shift meetings.

ADA lawsuits take an ominous turn: Court rules EEOC can file group claims

02/29/2016
The ADA protects disabled applicants and employees from discrimination based on disability and requires employers to reasonably accommodate known disabilities.

You can establish rule calling for discharge if injury causes lengthy absence

02/25/2016
A reasonable rule that says an employee will be discharged if she has been off work with an injury for one year or more is legal under California law.

Follow 3 rules of pre-hire medical tests: Timing, privacy, job descriptions

02/24/2016
If you perform pre-employment medical tests on applicants, take your cues from the following case to avoid running afoul of the Americans with Disabilities Act.

Disabled worker must request accommodation

02/12/2016
Employees who claim they are disabled and need an accommodation must do two things: Tell their employer that they are disabled and request a reasonable accommodation.

Disabled worker must request accommodation

02/11/2016
Employees who claim they are disabled and need an accommodation must do two things: Tell their employer that they are disabled and request a reasonable accommodation.

Transfer away from alleged harasser may be an ADA reasonable accommodation

02/04/2016
Usually, judges rule it’s not a reasonable ADA accommodation to not have to work for a particular supervisor. In other words, a disabled worker can’t demand a transfer away from a specific supervisor, even if that supervisor may aggravate the employee’s disability.

Beware blanket ban on religious expression

02/02/2016
Employees have a right to reasonable accommodation of their religious practices. That means employers must try to find ways for employees to exercise their beliefs unless doing so would be an undue burden.
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