3 key questions about the ADA and substance abuse

When you suspect that an employee has a drug or alcohol abuse problem that is affecting job performance, be careful not to mishandle the situation.

Training must accommodate disabilities

Disabled workers are entitled to reasonable accommodations during all phases of employment, including during the application process and employer-mandated training before they start working.

Beware demotion following disability leave

Before you demote an employee who is returning from a lengthy medical leave, consider whether he might file and possibly win a disability discrimination claim.

EEOC sues trucking firm, claiming ADA violations

Stevens Transport, one of the nation’s largest refrigerated truck lines, faces charges it violated the ADA when it refused to hire an Air Force veteran with bipolar disorder who applied for a driving position.

Easy way to accommodate disability? Then do it--or risk a lawsuit!

Stubbornly refusing to budge on a requested accommodation can cause an expensive and time-consuming lawsuit.

Document every ADA accommodation

Employers that grant disabled workers more flexibility in work requirements need to make sure they document every ADA accommodation request and every accommodation decision.

Telling boss about disability counts as official notice

An employee doesn’t have to tell HR about a disability to gain protection from discrimination. It’s enough for the employee to tell her supervisor.

EEOC makes Sharp point on disability rights violations

Sharp Healthcare, a San Diego regional hospital system, has agreed to pay $90,000 to a surgical scrub technician to settle charges it violated the ADA when it refused to hire her.

EEOC targets mental health accommodation

The EEOC has taken steps to inform employees suffering from common conditions like depression about their workplace rights.

Ensure wellness programs comply with new EEOC rules

Know the new rules regarding financial inducements in employer-sponsored wellness programs.

Document efforts to identify reasonable ADA accommodations that will work

Employers that document the ADA’s interactive process and offer multiple options seldom lose lawsuits alleging failure to accommodate.

PTSD is no excuse for employee's misbehavior

Employees don’t get a pass on bad behavior just because they are disabled.

When ADA is at issue, attendance is job requirement

The longer an injured employee stays out, the less likely the employer will lose an ADA lawsuit over a subsequent termination.

Make sure job descriptions reflect reality

If an employee can show that a job description isn’t accurate, the court may take her employee’s word for it.

Injury doesn't necessarily mean employee is disabled

Sometimes, employees misunderstand what it means to be disabled under the ADA and state disability laws.
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