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Understand interplay between FMLA, ADA when employee must care for family member

Employees may have the right to take time off to care for a disabled family member under the FMLA, but the same isn’t true under the ADA for a request for reasonable accommodations of time off to care for the same family member.

EEOC: Assisted living facility in McKinney, Texas violated ADA

Enlivant, an nationwide provider of assisted-living residences, faces an EEOC lawsuit alleging the company illegally terminated a chef who worked at its North Brook Place facility in McKinney, Texas.

ADA requires accommodating disabled customers, too

Don’t ignore public access requests—or worse yet, lawsuits over accessibility. That may lead to a so-called default judgment.

ADA blame game creates hostile environment

Instruct all employees to treat everyone with respect and avoid crass blame games.

Don’t keep shopping for better doc opinions

If two independent medical opinions say that an employee is healthy enough to return to work, don’t go chasing a third opinion. Courts frown on medical-opinion shopping and could see your actions as discriminatory.

Federal jury: Walmart must pay $5.2 million for ADA violation

The EEOC won a major victory in federal court Oct. 11 when a jury awarded $5.2 million to a long-time Walmart employee who was suddenly denied an ADA accommodation that had been working for years.

Not every illness constitutes a disability

Fortunately, not every medical malady is a disability under the ADA. Workers must prove their condition substantially limits a major life activity.

Endless time off? Indefinite leave not considered a reasonable accommodation

Employers don’t have to provide any additional leave to workers who can’t give at least a tentative return date.

Resist assuming that employee’s disability might cause a safety hazard

Challenging a disabled employee’s capacity for work can backfire badly, especially if it looks as if the decision to challenge was really based on disability discrimination and harassment.

TB or not TB: That is the question in Oakland

Cooking Around the World, an Oakland after-school cooking camp, has settled charges it violated the ADA when it demoted an employee who tested positive for an inactive form of tuberculosis.