• The HR Specialist - Print Newsletter
  • HR Specialist: Employment Law
  • The HR LAW Weekly
  • The HR Weekly
  • California Employment Law
  • New York Employment Law
  • Texas Employment Law

ADA

Ignoring interactive process pops Party City’s balloons

05/16/2019
When a team leader at a Party City store in Texas suffered pregnancy complications, her doctor imposed a lifting restriction. But rather than discuss possible workplace accommodations, the store fired her.

Disabled or not, you’re justified to call regular attendance an essential job function

05/06/2019
Disabled employees are entitled to reasonable accommodations for their disabilities if those accommodations allow them to perform the essential functions of their jobs. But smart employers make it clear that, generally speaking, regular attendance is both expected and essential to the job.

Accommodate bathroom breaks related to disability

05/06/2019
Some medical conditions that may be ADA disabilities require disabled workers to visit the bathroom more frequently and for longer than other workers. Warn supervisors to accommodate those problems after engaging in the interactive accommodation process.

No FEHA accommodation required if it won’t enable disabled employee to perform job

04/30/2019
The California Fair Employment and Housing Act offers protection for disabled workers who need reasonable accommodations in order to perform the essential functions of their jobs. But that protection isn’t unlimited.

You’re responsible for outsourced mistakes

04/30/2019
Employers may assume that outsourcing an HR function to an expert provider will insulate them from liability in case of some legal mistake. That’s not always true.

Cooperative dialogue versus interactive accommodations process

04/24/2019
Q. I’m a New York City employer. One of my workers recently requested a copy of the decision to deny her an accommodation. She says she’s entitled to a copy of the cooperative dialogue decision. Do I have to give her something in writing?

Claim of hostile work environment based on disability may add up to ADA lawsuit

04/24/2019
The 2nd Circuit Court of Appeals has ruled for the first time that the ADA allows disabled workers to sue separately if they experience a hostile work environment based on their disability. That’s true even if the disabled worker doesn’t have a failure-to-accommodate or a disability discrimination claim.

Beware presumptions about alcoholism

04/24/2019
Alcoholism may be an FMLA-covered serious health condition. If an employee returns to work after taking FMLA leave to rehab from a drinking problem, warn supervisors to check their presumptions about alcoholism. Doing or saying the wrong thing could violate the FMLA, the ADA or both.

EEOC suit: Goodwill refused to accommodate disability

04/18/2019
Goodwill Industries of New York and New Jersey, which provides job opportunities to people with disabilities, violated federal law when it failed to provide reasonable accommodations that would have allowed an employee to continue working as an office building janitor in New York City, the EEOC charged in a recently filed lawsuit.

Avoid preconceptions about what disabled employees can and cannot do

04/16/2019
Stick to the tasks you’ve identified as essential. Don’t change the list of essential job functions based on what you think you know about the disability.