ADA

Granting leave may trigger 'regarded as disabled' claim

03/15/2017
Approving leave for someone who has claimed a disability may mean you are regarding the employee as disabled. Effectively, that may mean he really is disabled for ADA purposes.

ADA accommodation can't be based on disabled employee's promise not to sue

03/15/2017
Never condition an accommodation on the employee’s promise to drop an EEOC complaint or a threatened lawsuit.

Mental health accommodations addressed in EEOC guidance

03/03/2017
The ADA only covers mental health conditions if they constitute disabilities, meaning they substantially limit a major life activity.

Beware individual liability for wrongful terminations under Pennsylvania state law

03/03/2017
Under the Pennsylvania Human Rights Act, employees who are actively involved in termination decisions may be deemed personally liable for aiding and abetting violations of the law.

Document every aspect of ADA interactive accommodations process

03/03/2017
If the employee never requested modifications to an accommodation, he won’t be able to claim later that the employer didn’t engage in the interactive process. The fault would lie with the employee.

No ADA violation if worker cannot perform the job

02/27/2017
It’s not an ADA violation to refuse to hire someone who obviously can’t meet the physical requirements for performing a job.

Court expands ADA protection, OKs transfer away from specific location and supervisor

02/27/2017
A federal court in California has opened the door for mentally disabled employees seeking accommodations to request a transfer away from specific locations and individuals.

'Make work' accommodation may backfire

02/27/2017
Here’s a cautionary tale for employers tempted to create a “make work” accommodation designed to drive a disabled worker to quit. Courts are likely to take a dim view of such a cynical strategy.

Never ignore accommodation request

02/27/2017
Ignoring a request for accommodations may give the employee grounds for a lawsuit, even if it turns out that an accommodation wasn’t required.

ADA claims can live on even after death

02/16/2017
A federal appeals court has decided ADA disability discrimination claims can continue even though the employee has died.

Huntsville, Texas Christian camp sued for bias, ADA violations

02/07/2017
Carolina Creek Christian Camp in Huntsville, Texas faces an EEOC lawsuit alleging it retaliated against an employee for asserting her rights.

Houston club to pay $140k for manager's ADA mistake

02/07/2017
Diallo’s, a Houston nightclub and party venue, has agreed to pay $139,366 to resolve charges it violated the ADA.

EEOC outreach spurs mental disability claims

02/01/2017
The EEOC is taking new steps to teach employees suffering from depression, anxiety and other conditions about their workplace rights.

EEOC sues Walmart for firing employee with Down syndrome

01/31/2017
An EEOC lawsuit claims Walmart violated the ADA when it fired a longtime employee with Down syndrome after the woman had a hard time adjusting to a new schedule.

OK to ban disabled customers who act belligerently

01/23/2017
If customers or visitors becomes belligerent, a business can ban them from the premises without running afoul of disability discrimination laws.
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