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ADA

Most self-medication with marijuana remains illegal, and is grounds for discharge

03/15/2019
A federal court has ruled that a worker’s self-administration of an illegal drug for pain relief was grounds for discharge under an employer’s drug policy.

Don’t assume disability because of prescription

03/13/2019
If you learn an employee is taking a prescription containing a controlled substance, make sure you don’t make assumptions about disability. You don’t want to be accused of violating ADA “regarded as disabled” provisions.

ADA: Beware job descriptions so rigid that accommodations become impossible

03/13/2019
Employers may reject a proposed disability accommodation out of hand, thinking every job requirement is truly essential to getting the work done. But courts want to see some flexibility.

Light duty for pregnant employees? Not if you don’t offer it to other disabled workers

03/06/2019
Pregnant employees are entitled to light-duty assignments if the employer allows other disabled employees to be assigned to temporary light-duty positions. But what if no such work is available?

Bill would make it easier to sue for age discrimination

02/26/2019
A bipartisan coalition of representatives and senators have introduced legislation to strengthen employment protections for older workers.

Indefinite leave not reasonable accommodation

02/22/2019
Under the ADA, employees who are disabled and have used up all available leave (such as sick leave and FMLA leave) may be eligible for more time off as a reasonable accommodation. But the right to additional unpaid leave isn’t unlimited.

Find out if your website is accessible to the disabled; such lawsuits tripled in 2018

02/22/2019
For employers, part of complying with the Americans with Disabilities Act involves making their workplace accessible to disabled customers. But if you serve the public online, the ADA also requires you to make changes to your virtual workplace.

You could be liable for disability bias even if ADA accommodation denial was legitimate

02/13/2019
Don’t get overconfident because you turned down an employee’s request for an ADA accommodation that you sincerely believed was unnecessary. You can still be sued—and you might lose!

ADA accommodation: Take all requests seriously

02/12/2019
When an employee asks for an ADA reasonable accommodation, take that request seriously even if you don’t think it’s valid. Start the interactive process and see where it goes.

Temporary injuries generally don’t rise to the level of ADA disability

02/12/2019
Each condition must be assessed individually. Here’s how that played out in a recent case.