ADA

Injury doesn't necessarily mean employee is disabled

11/23/2016
Sometimes, employees misunderstand what it means to be disabled under the ADA and state disability laws.

Court: Sleep apnea test legitimate for truckers with high body mass index

11/14/2016
A federal appeals court has refused to reinstate a lawsuit over whether it constitutes an illegal medical test under the ADA to force someone with a high body mass index to undergo a sleep apnea test.

Always consider disability accommodations

11/14/2016
Even if you believe no accommodation is possible for a disabled worker, the ADA requires you to at least consider the possibility.

A short-handed Supreme Court declines one case, adds another

11/11/2016
The employment law cases the Supreme Court refuses to hear can be almost as important as those it decides.

Diagnosis alone doesn't prove ADA disability

11/11/2016
It’s not enough that an employee alleges he or she has been diagnosed with what may be a disabling condition.

Accommodation requires completely new job? Disabled employee must give it an honest try

11/08/2016

Employers aren’t required to create new positions to meet a disabled employee’s needs, but they must consider the employee for open positions that he or she may be qualified to perform.

Disability doesn't excuse worker misbehavior

11/08/2016
Don’t let an employee tell you he should be excused from appropriate workplace behavior because of a disability.

Boss: Prove you're HIV-free. EEOC: See you in court

11/08/2016
Houston nightclub hotspot Diallo’s faces an EEOC lawsuit after the owner allegedly insisted an employee prove she was HIV-negative.

Disability and constructive discharge linked

11/02/2016
Disabled employees who quit when their employer refuses to consider possible reasonable accommodations may have a constructive discharge claim under the ADA.

Harassment causes disability? You must accommodate

10/27/2016
An employee could become so agitated that she develops an anxiety disorder that requires a reasonable accommodation—such as separating the harasser from her.

Warn about associational discrimination against employees who are caregivers

10/27/2016
Make sure supervisors clearly understand that they cannot discriminate against employees who happen to associate with protected individuals such as children or other dependents with disabilities.

Job descriptions key to ADA compliance

10/27/2016
Here’s a reminder that you must have accurate job descriptions that list essential and nonessential job functions. That’s vital for ADA compliance.

Disability: Consider job changes, extra leave

10/27/2016
Under California’s Fair Employment and Housing Act, disabled employees are entitled to reasonable accommodations that can include job modifications and even additional time off to recuperate.

Do we need to accommodate a disabled contractor just like we would an employee?

10/17/2016
Q. We just hired a contractor for a special project. He has complained that he is sensitive to the smells in our office, which include personal fragrance, scent diffusers and “smelly” food. Since he isn’t our employee can we just tell him to put up with the odor?

How far do we have to go to accommodate employee's migraine headaches?

10/17/2016
Q. Our receptionist gets occasional migraine headaches, and she gave us a long list of “triggers” that she wants us to eliminate at work. The list includes no fluorescent lights. We cannot afford to replace all of our fluorescent lights. Can we just say no?
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