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ADA

Special oversight OK for disabled employees who telecommute

11/14/2018
It’s OK to set slightly different conditions for two kinds of telecommuters, such as requiring tighter monitoring for disabled workers.

While you must accommodate disabilities, you don’t have to tolerate chronic absenteeism

11/14/2018
Employers must reasonably accommodate disabled workers so they can perform the essential functions of their jobs. But at what point does absenteeism make it impossible for the worker to perform the job?

ADA: Permanent part-time work not reasonable

11/13/2018
Employers aren’t required to create new positions as reasonable accommodations for disabled workers, or farm out so much work to co-workers that the job becomes part-time.

Minor workplace changes aren’t enough to justify lawsuit alleging bias or retaliation

11/06/2018
Courts don’t want to micromanage your business. Make sure you can explain workplace changes in the context of legitimate business needs.

California HR agency pays to settle ADA complaint

10/31/2018
The EEOC investigated the California Department of Human Resources following complaints from applicants that it failed to accommodate disabilities during the hiring process and violated the ADA when it was conducting medical reviews of applicant fitness.

Risky assumptions: 9th Circuit adds clarity to ADA’s ‘regarded as disabled’ definition

10/31/2018
When the ADA was amended in 2008, Congress changed the definition tied to discrimination based on an employer’s presumption that a worker is disabled. Now the 9th Circuit has clarified what Congress meant.

Telecommuting not always an accommodation

10/31/2018
Sometimes, allowing a disabled employee to work from home may be a reasonable accommodation under the ADA or the California Fair Employment and Housing Act. But what constitutes a reasonable accommodation depends on individual circumstances.

Hiring: Opioid crisis collides with the ADA

10/18/2018
Among the scarce pool of workers who are applying for jobs, a fair number are recovering opioid users. That may mean employers face a higher likelihood of being sued because they don’t understand the ADA.

Staffing agency sued for ‘perceived as disabled’ bias

10/10/2018
Multinational staffing agency Adecco faces an EEOC lawsuit alleging one of its offices in northwestern Pennsylvania violated the ADA when it failed to place a disabled applicant in the position he sought.

Not yet eligible for FMLA? Consider offering intermittent leave as ADA accommodation

10/10/2018
While we usually associate intermittent leave with the FMLA, occasional time off may also be a reasonable accommodation under the ADA.