Flexibility makes for good accommodations--and a good strategy for winning ADA lawsuits

Employers that exercise patience and remain flexible over the long term are best positioned to win an ADA failure-to-accommodate lawsuit filed by a disabled employee.

HR Minnesota Legal Briefs

Merely being obese is not a disability under the ADA, a panel of the 8th Circuit Court of Appeals has ruled.

OK to set limits on intermittent ADA leave

If employees have disabilities that flare up periodically, be prepared to provide reasonable accommodations—within limits.

ADA: 'Unlimited' sick days aren't reasonable

At some point, providing more leave interferes with performance of the job’s essential functions. That point is easily reached when the employee demands unlimited sick days as an accommodation.

Disability: It's never a joking matter

Supervisors must understand that they have a responsibility to stop harassment immediately and take steps to prevent it from recurring.

Prove good faith on ADA accommodations by tracking response to offers

Be sure to track employee accommodation offer responses to show lack of cooperation.

Accommodating mental disabilities: 3 key questions answered


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

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

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!

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

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

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

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

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

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.
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