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ADA

Nuances of the ADA: 9th Circuit rules on definition of ‘regarded as disabled’

01/11/2019
The federal appeals court with jurisdiction over California employers has ruled that a worker doesn’t have to prove his employer believed he was substantially impaired in order to sue under the ADA if the employer discriminated against him by regarding him as disabled.

Requesting accommodation after discipline is too late

01/02/2019
Under the Minnesota Human Rights Act, disabled employees are entitled to accommodations. But timing is everything if a worker is disciplined before revealing a disability that may have contributed to work problems.

Consent decree offers practical guidance for managing disability and return to work

12/18/2018
The EEOC has entered into a consent decree that demonstrates what employers can and cannot do when faced with a disabled worker.

No FMLA leave? ADA may be available

12/06/2018
An employee who has used up all paid and FMLA leave (or who isn’t yet eligible for FMLA leave) may have other leave options if he’s also disabled.

ADA: Document every step of the interactive accommodations process

11/28/2018
If you ultimately turn down a request to accommodate, the worker may sue. And that’s when you will need good records to prove you really did act in good faith by engaging in the interactive process.

Target missed connection with deaf applicant

11/28/2018
The EEOC has sued the Target retail chain for failing to accommodate a qualified deaf applicant.

Bosses aren’t docs: Don’t diagnose employees

11/28/2018
Generally, disabled workers have to request accommodations for their disabilities and aren’t entitled to any unless they do. But what if a supervisor suspects the employee may be disabled?

ADA: Bosses must address poor performance

11/27/2018
Sometimes, managers allow a poor performer to get by for a long time. Letting it slide seems easier than insisting on improvement or imposing discipline. But delaying action can trip you up later if the employee later claims a disability and demands reasonable accommodations.

Good job descriptions thwart ADA lawsuits

11/23/2018
The best way to avoid a trip to the courtroom to deal with an Americans with Disabilities Act accusation is to use a job description that concentrates on these components.

Disability accommodation may be impossible

11/21/2018
Under the ADA, employers must try to find reasonable accommodations so disabled employees can perform the essential functions of their jobs. But in fact, there may be times when no accommodation is possible.