• The HR Specialist - Print Newsletter
  • HR Specialist: Employment Law
  • The HR Weekly

ADA

Surprised by new hire’s disability claim? Don’t be

07/17/2024
Applicants don’t have to admit to being disabled during an interview. They are within their rights to ask for an accommodation after being hired.

Disabled new hire? You must engage in the ADA’s interactive accommodations process no matter what

07/10/2024
Because disabled individuals may fear—sometimes rightly so—that employers wouldn’t hire them if they knew about their disability, the ADA doesn’t require applicants to reveal disabilities during the interview and hiring phase. Thus, it may catch employers by surprise when the first thing a new hire does is request a reasonable accommodation.

A ruff reasonable accommodation claim

07/10/2024
While it’s important to support employees’ health and well-being, accommodations should not compromise the core aspects of your business operations.

Tips for managing employees with long COVID

07/08/2024
A new report from the National Academies of Sciences, Engineering and Medicine highlights how serious long COVID is and likely will continue to be, possibly for decades. The report says this affects about 8.9 million adults in the United States, encompassing more than 200 symptoms that involve just about every organ in the body. That means about 7% of all adults in the U.S. are affected by the condition.

How to accommodate employees who have Tourette Syndrome

06/13/2024
It may be tempting to place a worker with Tourette Syndrome in a back-of-the-house position out of fear that customers may react badly to the employee’s tics. Such purposeful segregation may violate the ADA. Instead of worrying about public reaction to the tics, focus on how the person’s skills and experience match job requirements.

PWFA and the ADA: How accommodations may differ

05/31/2024
The Pregnant Workers Fairness Act entitles pregnant workers to reasonable accommodations before, during and after pregnancy. These can run the gamut from simple deviations from common workplace rules to granting leave so a new mother can recover from childbirth. PWFA accommodations potentially go far beyond what’s required under the ADA’s reasonable accommodations provisions.

No, you can’t use high medical costs as an excuse to terminate a sick worker

05/13/2024
A car dealership is out $325,000 and must train managers and supervisors on the ADA and the Age Discrimination in Employment Act.

Accommodate neurodiverse employees

04/10/2024
Most organizations probably have at least one employee who fits under the neurodiverse umbrella and who may be entitled to workplace help. While each condition labelled as neurodivergent differs, all share a number of common management strategies that can prove useful in the workplace.

Disability accommodation not working? Restart interactive process before making changes

03/29/2024
Sometimes, an employee’s health condition changes, requiring a modification of a previously chosen accommodation. When that happens, the interactive process must start all over again. Employers cannot unilaterally drop an accommodation or substitute another.

Accommodating staff with anxiety disorders

03/13/2024
The psychological condition known as anxiety disorder is characterized by feelings of worry or fear that are strong enough to interfere with one’s daily activities. It comes in several varieties, including generalized anxiety disorder that has no specific focus and social anxiety disorder, which is triggered by social interactions.