ADA

Nickle-and-diming plaintiff? Prepare to pay yourself

08/22/2016
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.

08/15/2016
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

08/11/2016
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

08/11/2016

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

08/10/2016
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

08/01/2016
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

07/22/2016
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

07/20/2016

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.

ADA accommodation: There's an app for that

07/19/2016
From creating custom keyboards to interpreting garbled phone conversations, apps can now quickly, and inexpensively, help employers accommodate disabled workers.

Consider cutting disabled worker a little slack

07/15/2016
Sometimes, the right way to handle an otherwise dischargeable offense is with leniency.

Résumé reveals disability? How to respond

07/07/2016
Don’t allow hiring managers to quickly sort résumés from disabled applicants into the “No” pile. It’s increasingly common, a new study shows, but decidedly unlawful.

ADA and GINA: EEOC issues regulations on wellness programs

07/05/2016
Employee wellness programs have become increasingly popular in recent years and they are mainly regulated under two federal laws.

The ADA 'snooze' button: You may not be able to accommodate sleep apnea

07/05/2016
Some disabilities make it difficult for employees to arrive on time. In those cases, it’s entirely possible that the disability simply can’t be accommodated.

'I'm having health problems': 7 steps for handling the interactive conversation

06/21/2016

When faced with an employee who may have a physical or mental disability, a manager's legal antenna should go up right away. The ADA requires employers to engage in an interactive dialog with employees to determine whether a disability can be accommodated. Do it wrong, and you're probably looking at a lawsuit. Here's how to handle the conversation.

Lowe's settles disability bias claim with EEOC for $8.6M

06/09/2016
National home-improvement chain Lowe's has settled charges it violated the ADA when it terminated employees after they exhausted the amount of leave the company permitted.
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