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

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?

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?

Zika preparedness: Consider employee safety and legal issues

As temperatures in the Northeast cool and mosquitos disappear until spring, the Zika virus may no longer be on people’s minds, but it should remain on your radar.

Revisit accommodations if they're no longer effective

It’s perfectly acceptable to periodically review ADA accommodations to ensure they still work.

OK to terminate disabled worker if there is no possible way to accommodate


You can terminate a disabled individual if you conclude the employee can’t under perform the essential functions of a job with or without accommodations.

Disabled employee's accommodations a hassle?

Don’t let annoyance over disability accommodations turn into retaliatory harassment.

Relax! Your arbitration agreement is likely valid

As long as you get expert legal help creating a valid arbitration agreement, Texas courts will probably enforce it.

Nickle-and-diming plaintiff? Prepare to pay yourself

If you pester an employee who is suing you with expensive pretrial tactics, you may wind up on the hook for his legal bills.

DHR ruling challenges disabled hiring practices in Bloomington, Minn.

A “sheltered workplace” in Bloomington, Minnesota, where disabled employees are paid pennies on the dollar may face changes following a Minnesota Department of Human Rights ruling. DHR Commissioner Kevin Lindsey found probable cause that Opportunity Partners discriminated against a disabled worker when it refused to consider him for one of its fully paid staff positions.

Austin Park N Pizza pays $20,000 to settle disability suit

Last year, the EEOC sued Austin’s Park N Pizza amusement park, alleging it failed to accommodate a disabled employee. Now the park has settled the dispute for $20,000 and significant injunctive relief.

DOT safety certification trumps ADA protection


Some jobs require special government physical certifications as a pre-requisite to employment. These are generally designed to make sure the employee can safely perform a job that might otherwise put the public, or the employee, at risk of harm. What happens if such an employee becomes disabled?

EEOC issues guidance on leave as a reasonable accommodation

Here are the key points of the guidance, which was prompted by a disability discrimination spike.

Is that alcohol you smell on employee's breath? What to do now

When you smell alcohol on an employee, or receive reports that an employee smells of alcohol, you need to act fast to protect everyone’s safety—but not so fast that you mishandle the situation. Follow these guidelines.

EEOC sues Murphy USA gas stations for ADA violations

Murphy Oil Corp., which operates Murphy USA gas stations typically located in Walmart parking lots in over 20 states including Minnesota, violated federal law by firing a store manager because of his disability, the EEOC charges in a recently filed lawsuit.

Sometimes, accommodating disability just isn't possible


Finding an accommodation for a disabled employee is just always possible. There may be no practical way to accommodate some disabilities. If that’s the case, termination may the only reasonable option.

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