ADA

Caltrans liable for not addressing accommodation requests

05/20/2015
The California Court of Appeal has upheld a jury’s verdict finding the California Department of Transportation (Caltrans) liable for failure to provide a reasonable accommodation and failure to engage in the interactive process.

Oakland, Ca. children's hospital settles ADA complaint

05/20/2015
The Children’s Hospital and Research Center in Oakland has reached a settlement with an employee who had cancer and was fired for taking too much medical leave.

Hidden disabilities: What's your duty to accommodate?

05/18/2015
While the Americans with Disabilities Act says you must offer a “reasonable accommodation” to disabled employees, how obvious must the person’s disability be before you fall under that requirement? And what is the employee’s duty to alert you and request the accommodation? As this case shows, courts don’t expect you to play a guessing game with your staff. Employees have a responsibility to explain their conditions and request an accommodation.

FMLA and ADA accommodation: Don't dismiss request to work from home

05/06/2015

If, after FMLA leave, an employee asks for more time off or to work from home, handle the request just like you would another disabled employee’s reasonable accommodation request. Verify the disability and discuss possible accommodations before you reject the request. Otherwise, a jury may hold you liable.

Can smokers claim an ADA disability to justify taking lengthy smoke breaks?

05/04/2015
Q. I own and run a paper company in Texas. Some of my employees who are cigarette smokers regularly take more breaks than the two, 15-minute breaks that are allowed under their employment contract—and some of the nonsmokers in the office are getting angry. When I confront the smokers about this conduct, I am increasingly hearing them make an unusual claim—that they have a “disability” and are protected by law. What should I do?

Stress from tough boss isn't a disability

05/04/2015
Some supervisors are hard to handle, especially for subordinates sensitive to criticism. But the resulting stress isn’t usually a disability under the ADA and therefore doesn’t have to be accommodated.

Johns Hopkins provides model for lactation rooms

04/27/2015

The Affordable Care Act requires employers of 50 or more to provide lactation rooms so nursing women can feed their babies or express breast milk. The rooms must be clean and private—and importantly, they can’t be restrooms. Johns Hopkins University and Health System decided not only to meet the law’s requirements, but exceed them. The result is a model that other employers may want to copy.

Telecommute not always ADA accommodation

04/24/2015
Employers won a major victory April 10 when that court ruled that telecommuting is not always a reasonable accommodation, even for jobs that can mostly be done from home.

What constitutes an essential job function?

04/21/2015
Q. I hand a brochure titled “Job Information and Requirements” to each new hire I bring on board to my construction company. With the addition of new positions, I need to draft new brochures with job descriptions, but am having trouble determining the essential job functions. Is there a specific method that I can use to decide whether a job function is essential?

Temp assignments should be temporary: Keep looking for permanent accommodations

04/21/2015
Here’s an important reminder for managers handling workers returning from medical leave who may qualify as disabled: Placing workers in a temporary job may be part of an accommodation but that doesn’t end the process.

Proposed wellness rules balance ADA, HIPAA

04/21/2015
The EEOC has issued proposed rules explaining how employers can legally administer wellness programs under the ADA and the Health Insurance Portability and Accountability Act.

Can we restrict service dogs at work?

04/13/2015
Q. An employee with epilepsy wants to bring a dog to work to assist her in the event of a seizure. Our business is not conducive to having animals at work. Must we permit her to bring her dog?

Use trial accommodation to test feasibility

04/13/2015

Do you worry that starting accommodations for a disabled employee may mean you have to continue them indefinitely? Relax. In fact, a trial accommodation may actually benefit employers in the long run. If the accommodation turns out to be disruptive, impractical or more costly than you thought it would be, you can stop it.

Anxiety disorder a covered ADA disability

04/08/2015

Since the EEOC declared that “the ability to interact with others” is an essential life function, some employees and their attorneys have argued that a long list of psychiatric and psychological disorders are covered ADA disabilities. If the diagnostic criteria for a condition includes difficulty getting along with others, then being diagnosed with the condition is proof enough of disability, goes the argument. Now a federal appeals court has essentially agreed with that position, at least when it comes to one diagnosis.

Supreme Court creates new pregnancy discrimination framework

04/06/2015
The Supreme Court ruled on March 25 that a pregnant UPS employee who was denied a light-duty position is entitled to a new trial. The Court’s framework for pregnancy discrimination cases allows employees who show that an employer policy that creates a “significant burden” for pregnant employees violates the Preg­­nancy Dis­­crimi­­na­­tion Act.
1 2 3 4 ..........84 85 Next