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ADA

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.

Never base no-hire decision on workers’ comp history

11/19/2020
Refusing to hire a worker who has a history of workers’ compensation claims is asking for legal trouble. That could violate the workers’ comp laws in most states, and might be illegal under the ADA, too.

Beware firing employee during medical testing

11/19/2020
Remind supervisors: Firing an employee while she is undergoing medical testing could easily trigger a lawsuit. Reason: It’s illegal to discriminate against an employee based on suspicions she might become ill or disabled in the future. That would amount to regarding her as disabled, which violates the ADA.

I can’t work in the office … and you can’t make me!

10/20/2020
If the pandemic has taught us anything, it’s that many employees are just as productive when they’re working from home as they are in the office. Which raises the question: Can you make employees come back to the office?

Leave & accommodation are top reasons for COVID suits

10/15/2020
A new analysis of all COVID-based employment lawsuits found the most popular claims are related to employee leave and disability accommodations, followed by retaliation/whistleblower suits.

Pregnant Workers Fairness Act could pass

10/15/2020
The PWFA is modeled after the ADA. It would require employers to provide reasonable accommodations for all pregnant workers who need them.

Persistence pays off when accommodating disabilities

10/01/2020
The ADA requires employers to engage in an interactive process to figure out if a reasonable accommodation will let a disabled employee perform the essential functions of her job. The employer gets to choose the accommodation. If, after trying possible accommodations, the employee still can’t do her job, the employer can terminate her.

Don’t skip ‘futile’ ADA accommodation process

09/24/2020
Sometimes, it may seem obvious that a disabled applicant will be unable to perform the job you are trying to fill. That doesn’t mean you can simply toss out his application. Under the ADA, you have an obligation to explore potential reasonable accommodations.

Defeat bias lawsuits with well-crafted policies

09/10/2020
One of the best ways to beat employee allegations that they were disciplined or fired because of discrimination: Show the court you have comprehensive policies on discipline that you enforce consistently.

Stay flexible to protect vulnerable workers

09/03/2020
The Centers for Disease Control and Prevention urges employers to take steps to protect workers who might be vulnerable to covid-19 infections. When possible, vulnerable workers should be allowed to telecommute.