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ADA

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

11/07/2019
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

11/07/2019
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

10/31/2019
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

10/31/2019
Instruct all employees to treat everyone with respect and avoid crass blame games.

Don’t keep shopping for better doc opinions

10/24/2019
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

10/22/2019
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

10/15/2019
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

10/15/2019
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

10/15/2019
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

10/04/2019
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.