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ADA

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Explain why you’re adding essential functions

05/09/2018
Business needs or employees’ personal circumstances sometimes change, necessitating a revision of a job’s essential functions to include additional tasks or qualifications. What happens if that means the incumbent holding the job can no longer perform those essential functions—especially if she’s disabled?

ADA & FMLA: Absence does not make the heart grow fonder

05/07/2018
A federal court in Texas has concluded that attendance can be considered an essential function of a job. A disabled worker who can’t make it to work with some regularity simply isn’t qualified; no amount of accommodation can fix that problem.

Beaumont, Texas firm sued for firings based on costly medical risk

05/07/2018
Signature Industrial Services, a refinery services company in Beaumont, faces an EEOC lawsuit after it fired three brothers, allegedly because they have hemophilia.

Suddenly stopped informal accommodations? Get ready to defend decision in court

04/30/2018
Disabled employees are entitled to reasonable accommodations that allow them to perform the essential functions of their jobs. Employers cannot simply develop a list of one-size-fits-all accommodations for a particular condition.

Ensure fair treatment after return to work

04/30/2018
The ADA and the Pennsylvania Human Rights Act protect disabled workers from harassment based on their disability. Make sure everyone, including co-workers and supervisors, understands they cannot punish a disabled employee for taking leave.

Document all efforts to find ADA accommodations

04/26/2018
If an employee tells you he has a new medical condition that qualifies as an ADA disability, document all discussions you have about possible accommodations.

Employee fired shortly after filing complaint? Brace yourself for a retaliation lawsuit

04/16/2018
An employee who complains about perceived discrimination may be wrong, but filing a complaint still counts as protected activity. If she files an EEOC complaint or a lawsuit, firing her shortly after she complains is just asking for a retaliation claim.

The easiest accommodation: Additional time off

04/09/2018
Consider offering additional medical leave as an accommodation—even if the worker isn’t eligible for any more.

Not all accommodations are possible to implement

04/09/2018
Employers, not disabled employees, get to pick the accommodation.

EEOC pursues service-related harassment

04/05/2018
The EEOC is putting employers on notice that it will vigorously enforce the rights of employees who serve in the National Guard or military reserves or who are veterans.
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