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ADA

You must accommodate disabled job applicants

05/13/2021
The ADA requires employers to offer reasonable accommodations for disabled individuals at every step of the employment relationship, including during the job application process. Be especially aware of this if you use an online system that screens applicants and then automatically invites qualified candidates to come in for an interview.

Consider telework as ADA accommodation

05/06/2021
For almost two decades, the EEOC has urged employers to offer remote work as a possible ADA accommodation. It’s relatively easy to do, especially if you already allow employees who are not disabled to telecommute.

ADA: You can make attendance ‘essential’

04/15/2021
Some employers require timely and regular attendance as an essential job function. However, the ADA imposes limits on those expectations, requiring reasonable accommodations of some absences. Key word: Some.

HR’s next crisis: Managing the return of covid-19 ‘long-haulers’

03/09/2021
With covid-19 vaccination rates climbing and the worst of the coronavirus pandemic starting to recede, employers are becoming more optimistic that the world of work could soon return to normal. But the coast is not yet clear.

Risky business: Think twice before firing ‘sickly’ worker

02/18/2021
Never treat as disabled employees who recover from a medical emergency. Sure, some health problems cause long-term disability. But assuming someone is disabled when they’re not and taking an adverse action against them violates the ADA. The law prohibits “regarding” someone as disabled.

Explain: pregnancy accommodations temporary

02/03/2021
If the worker takes FMLA leave, she’s entitled to return to her old job when leave is over. Without clear records that the employer means the accommodation to be temporary, she may later argue she was denied reinstatement to the last position she held.

Contracts can’t rush ADA, ADEA deadlines

01/28/2021
Check your handbook for language that sets premature deadlines for employees to file discrimination complaints under the ADA and the Age Discrimination in Employment Act. Anything less than the time frames set out in the laws is unenforceable, a federal appeals court has ruled. In most cases, that is 300 days.

Offer intermittent leave as ADA accommodation

01/21/2021
When we talk about intermittent leave, we’re usually discussing the FMLA. But intermittent leave can also be appropriate in the context of the ADA, as a reasonable accommodation of an employee’s disability.

Disability is no excuse for breaking work rules

12/10/2020
Workplace discrimination laws don’t give a free pass to employees who violate legitimate work rules. Don’t let fear of being sued stop you from disciplining workers who deserve it.

Think twice before Googling for medical info

11/25/2020
It is legally risky to run an internet search to find out more about job applicants, especially if you are looking for information about a medical condition. It’s too easy to find information that should play no role in the hiring process.