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ADA

A comfortable chair vs. a day in court

01/20/2022
Avoiding an ADA suit can be as simple as a new chair.

EEOC explains covid-19 as an ADA disability

12/16/2021
The EEOC issued new guidance Dec. 14 clarifying when covid-19 may be considered a disability under the ADA. The guidance appears in a Q&A document broadly focused on covid and the definition of disability under Title I of the ADA.

ADA: Consider new schedule before leave

12/02/2021
Under the ADA, disabled employees are entitled to reasonable accommodations that allow them to perform the essential functions of their jobs. Generally, employers get to choose the accommodation they prefer. But to survive a lawsuit, that accommodation better permit them to actually work if at all possible.

Hold it! Don’t prevent extra bathroom breaks

11/22/2021
Alert managers that some medical conditions do require more frequent visits to the restroom.

100%-healed policy may be automatic ADA violation

11/18/2021
When employees return to work after an illness or injury, it’s natural to wonder if they’re really ready to resume their duties. Think twice before requiring them to prove they are fully healed before you allow them to come back. That could constitute an automatic violation of the ADA.

Document ADA requests to prove good faith

11/04/2021
The ADA requires a disabled employee and her employer to have an interactive conversation to determine whether it’s possible to accommodate the disability and, if so, how. If the employee doesn’t participate in the interactive process, she won’t be able to sue successfully over a denied accommodation. That’s why it’s essential to document every interaction once you suspect an employee might be disabled.

Review points-based attendance system now

10/28/2021
Some employers use a points-based system to punish employees whose unplanned absences wreak havoc on operations. It can be effective. However, a system that’s too draconian or doesn’t allow for reasonable exceptions may invite litigation, especially from employees who claim they have an ADA-covered disability.

Steer clear of questions about past drug use

10/14/2021
Warn supervisors not to pry into employees’ medical histories, including past abuse of drugs or alcohol. Simply asking workers about a perceived previous drug problem could trigger a lawsuit.

Long covid could trigger FMLA, ADA liability

10/14/2021
Employers need to be ready to respond to more requests for both FMLA intermittent leave and ADA accommodations.

EEOC test case argues for even more telework

09/30/2021
Last year, the EEOC endorsed remote work as an effective accommodation for disabled employees with pre-existing health conditions that made them more susceptible to infection. Now the EEOC has launched a lawsuit testing the argument that telework should be an accommodation even for workers who aren’t technically disabled but are at higher risk of covid-related complications.